No. 22-366

County of Sonoma, California, et al. v. Gabbi Lemos

Lower Court: Ninth Circuit
Docketed: 2022-10-19
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 42-usc-1983 circuit-split civil-procedure civil-rights comity conviction excessive-force heck-doctrine heck-v-humphrey judicial-preclusion section-1983
Key Terms:
SocialSecurity HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Does Heck's 'necessarily imply' standard bar a § 1983 suit only if success would 'necessarily require' plaintiff to negate the underlying conviction, or is it enough that prevailing on the § 1983 claim would 'impugn,' 'tend to undermine,' or 'cast a shadow over' the conviction?

Question Presented (OCR Extract)

QUESTION PRESENTED In Heck v. Humphrey, 512 U.S. 477, 486-87, 486 n.6 (1994), the Court held that a claim under 42 U.S.C. § 1983 is barred—even if it does not seek damages directly attributable to conviction or confinement—if success in the action would “necessarily imply” the invalidity of a plaintiff’s conviction or sentence, unless the conviction has already been reversed, expunged, or otherwise set aside. The Ninth Circuit, sitting en banc, narrowly interpreted Heck to bar a § 1983 action only if success would “necessarily require” plaintiff to prove the unlawfulness of the underlying conviction. The question presented by this petition is: Does Heck’s “necessarily imply” standard bar a § 1983 suit only if, as some circuit courts have held, success would “necessarily require” plaintiff to negate the underlying conviction, or is it enough, as other circuits and California appellate courts have decided, that prevailing on the § 1983 claim would “impugn,” “tend to undermine,” or “cast a shadow over” the conviction?

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-20
Waiver of right of respondent Gabbi Lemos to respond filed.
2022-10-17
Petition for a writ of certiorari filed. (Response due November 18, 2022)

Attorneys

Gabbi Lemos
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Sonoma County, California, et al.
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner