In Taylor v. County of Pima, published January 17, 2019, the 9th Circuit affirmed the district court's granting of a motion to dismiss a 42 U.S.C. section 1983 suit challenging the defendant's 1972 conviction on grounds of denial of due process and fair trial. In 2012, while still incarcerated, the plaintiff advanced new evidence supporting his innocence. The government contested the evidence, but in 2013 entered into a new plea deal with the plaintiff under which the original conviction was vacated, but the plaintiff pleaded no contest to the same counts, was sentenced to time served, and was released. The district court ruled that Heck v. Humphrey barred the suit.
The 9th Circuit agreed. Under Heck, a plaintiff may not pursue a section 1983 lawsuit if a judgment in the plaintiff's favor would necessarily imply a state law conviction is invalid, unless the conviction has been vacated by a state court. Here, the 1972 conviction was vacated, so that conviction does not bar the suit. But the 2013 plea deal was a valid conviction. Therefore, even if the plaintiff could prove constitutional violations arising out of his 1972 conviction, he could not challenge the resulting imprisonment, because as a matter of law the 2013 conviction caused all of his prior imprisonment.
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