What is the test for a plaintiff's claim for damages in his civil rights case?

MultiRegion, United States of America

The following excerpt is from King v. Judge Richard K. Sueyoshi, No. 2:15-cv-1521-TLN-EFB PS (E.D. Cal. 2016):

More fundamentally, plaintiff's claims, which challenge his state court conviction and sentence, are barred by Heck v. Humphrey, 512 U.S. 477 (1994). In Heck, the United States Supreme Court held that a suit for damages on a civil rights claim concerning an allegedly unconstitutional conviction or imprisonment cannot be maintained absent proof "that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. 2254." 512 U.S. at 486. Under Heck, the court is required to determine whether a judgment in plaintiff's favor in this case would necessarily invalidate his conviction or sentence. Id. If plaintiff is claiming that his federal constitutional rights were violated and as a result he was convicted and incarcerated, he may not recover damages in this action unless he can prove that his conviction has been reversed. As plaintiff's claims are predicated on what he characterizes as unconstitutional and unlawful sentence, his claims are barred by Heck.

Other Questions


Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What are the implications of a pro se petition in civil rights cases when a plaintiff appears in propria persona in a civil rights case? (MultiRegion, United States of America)
What is the test for a plaintiff in a civil case seeking to enforce a civil rights defense in the context of civil rights violations? (MultiRegion, United States of America)
Can a plaintiff bring a civil rights and habeas petition in federal civil rights cases? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
Can a plaintiff bring a claim under section 52.1 of the California Civil Rights Code against a public official for allegedly interfering with her civil rights? (MultiRegion, United States of America)
What is the test for establishing that a plaintiff has a valid claim to be a plaintiff in a civil case? (MultiRegion, United States of America)
How have courts dealt with civil rights claims in civil cases? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.