No. 20-372

Richard Louis Arnold Phillips v. Kevin Chappell, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2020-09-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights conviction-challenge due-process heck-doctrine heck-v-humphrey partial-reversal section-1983 standing
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Does a plaintiff remain 'Heck barred' from seeking §1983 relief when their conviction is partially reversed, vacating the only sentence imposed, but part of the conviction remains intact?

Question Presented (OCR Extract)

QUESTION PRESENTED . . RICHARD LOUIS ARNOLD PHILLIPS (Phillips), filing pro se, raises a ‘standing’ question heretofore unanswered by this Court. In Heck vHumphrey, 512 U.S. 477 at 486-487 (1994) this . ) Court held “[a] §1983 plaintiff must prove that the conviction or _ sentence has been reversed . | (Emphasis added.) _ Is a plaintiff 'Heck barred' from seeking §1983 relief, when , his conviction is partially reversed — thus vacating the only sentence imposed — but part of the conviction remains intact? i

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-07
DISTRIBUTED for Conference of 10/30/2020.
2020-09-30
Waiver of right of respondents Kevin Chappell, Warden, et al. to respond filed.
2020-04-28
Petition for a writ of certiorari filed. (Response due October 26, 2020)

Attorneys

Chappell, Warden
Neah HuynhOffice of the Attorney General State of California, Respondent
Neah HuynhOffice of the Attorney General State of California, Respondent
Richard L. A. Phillips
Richard L. A. Phillips — Petitioner
Richard L. A. Phillips — Petitioner