No. 25-592

Teresa Miller v. Officer Helms, et al.

Lower Court: Fourth Circuit
Docketed: 2025-11-20
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 conviction-vacatur heck-v-humphrey judicial-prejudice pro-se-filing section-1404
Key Terms:
SocialSecurity
Latest Conference: 2026-01-23
Question Presented (AI Summary)

Did the Fourth Circuit misapply Heck v. Humphrey by failing to recognize a 42 U.S.C. § 1983 claim's accrual upon conviction vacatur, and did it err in denying venue change and attorney representation despite alleged judicial prejudice?

Question Presented (OCR Extract)

1. Did the Fourth Circuit ’s affirmance (Case No. 24-1718) of the Northern District of West Virginia ’s dismissal (Case No. l:23-CV-26) of a 42 U.S.C. § 1983 claim as untimely, despite the vacatur of the underlying conviction on November 29, 2022, misapply Heck v. Humphrey, 512 U.S. 477 (1994), by failing to recognize that the claim, based on an illegal search and seizure, accrued at vacatur, reflecting prejudice against petitioner ’s pro se filings and conflicting with other circuits ’ accrual rules? 2. Did the Fourth Circuit err in affirming the denial of petitioner ’s motion for a change of venue under 28 U.S.C. § 1404 and refusal to facilitate attorney representation in the Fourth Circuit and Northern District of West Virginia, despite evidence of prejudice against pro se filings by the district and appellate judges, necessitating representation in these jurisdictions, or alternatively outside, to ensure impartial adjudication?

Docket Entries

2026-01-26
Petition DENIED.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2025-12-22
Waiver of right of respondents Officer Helms and Officer Bradford to respond filed.
2025-09-03
Petition for a writ of certiorari filed. (Response due December 22, 2025)

Attorneys

Officer Helms and Officer Bradford
Keith C. GamblePullin, Fowler, Flanagan, Brown & Poe, PLLC, Respondent
Keith C. GamblePullin, Fowler, Flanagan, Brown & Poe, PLLC, Respondent
Teresa Miller
Teresa Miller — Petitioner
Teresa Miller — Petitioner