Butler v. Compton

482 F.3d 1265
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 17, 2007
DocketNo. 06-1274
StatusPublished

This text of 482 F.3d 1265 (Butler v. Compton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Compton, 482 F.3d 1265 (10th Cir. 2007).

Opinion

BRORBY, Circuit Judge.

Plaintiff Philip C. Butler, proceeding pro se, appeals from the district court’s decision granting summary judgment in favor of defendant Shawn Compton and denying Mr. Butler’s motion to amend his complaint. We have jurisdiction pursuant to [1278]*127828 U.S.C. § 1291, and we reverse and remand for further proceedings.

I. Background

On October 7, 2004, Mr. Butler filed an amended complaint under 42 U.S.C. § 1983 alleging that Officer Compton, a Colorado Springs Police Officer, violated his Fourth Amendment rights by using deception to gain entry into his motel room and arresting him without a warrant. The specific factual allegations are described in this court’s earlier decision in Butler v. Compton, 158 Fed.Appx. 108, 109 (10th Cir.2005) (unpublished).

Officer Compton filed a motion to dismiss for failure to state a claim, arguing that it was permissible to use deception to enter the room and that he was authorized to arrest Mr. Butler. The motion was granted by the district court and the complaint was dismissed. Mr. Butler appealed the decision. This court concluded that Mr. Butler “set forth a cognizable claim that Compton violated his Fourth Amendment right to be free from unreasonable seizures.” Id. at 111. We remanded the case for further proceedings, instructing the district court to “consider whether the Supreme Court’s ruling in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) is a bar to Butler’s further pursuit of this action” because the record was “not clear as to the disposition of the two counts of burglary filed against Butler which arose out of the search of his motel room.” 158 Fed.Appx. at 111-12.

On remand, Officer Compton moved for summary judgment, arguing that Heck barred Mr. Butler’s claims because he pled guilty to three counts of burglary and those guilty pleas arose from the same incident as Mr. Butler’s § 1983 action. In response, Mr. Butler explained that the burglary charges that he pled guilty to were unrelated to the incident with Officer Compton and that the charges related to that incident had been dismissed. Officer Compton admitted in his reply brief that Mr. Butler had not in fact pled guilty to the charges that were related to his arrest of Mr. Butler. He asserted, however, that those charges were dismissed as part of a plea agreement that included the guilty pleas on the other unrelated charges. As a result, he argued that Heck would still bar Mr. Butler’s claim because a successful challenge related to the charges that were dismissed would invalidate the plea agreement and Mr. Butler’s conviction on the other charges. The district court agreed with Officer Compton’s position and granted summary judgment in his favor. This appeal followed.

II. Discussion

We review de novo the district court’s summary judgment decision, applying the same standard as the district court. Simms v. Okla. ex. rel. Dep’t of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1326 (10th Cir.1999). To be entitled to summary judgment, Officer Compton must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

This case does not involve any disputed issues of fact. The dispute between the parties involves a question of law: whether Heck applies to bar Mr. Butler’s § 1983 action. As we explain below, we conclude that the district court erred in applying Heck to this case.

The Applicability of Heck

In Heck, the plaintiff was convicted of manslaughter and was serving his sentence for that crime when he filed a § 1983 action. In his complaint, he alleged that defendants “had engaged in an unlawful, unreasonable, and arbitrary investigation leading to petitioner’s arrest; knowingly destroyed evidence which was exculpatory [1279]*1279in nature and could have proved [his] innocence; and caused an illegal and unlawful voice identification procedure to be used at petitioner’s trial.” Heck, 512 U.S. at 479, 114 S.Ct. 2364 (quotations omitted). The complaint sought relief in the form of compensatory and punitive damages. The plaintiff did not seek release from custody. The district court dismissed the action because it “directly implicate[d] the legality of [plaintiffs] confinement.” Id. (quotation omitted). The Seventh Circuit affirmed the dismissal, holding:

If, regardless of the relief sought, the plaintiff [in a federal civil rights action] is challenging the legality of his conviction, so that if he won his case the state would be obliged to release him even if he hadn’t sought that relief, the suit is classified as an application for habeas corpus and the plaintiff must exhaust his state remedies, on pain of dismissal if he fails to do so.

Id. at 479-80, 114 S.Ct. 2364 (quotation and footnote omitted).

The Supreme Court granted the plaintiffs petition for certiorari and affirmed. The Court began by explaining that both § 1983 and the federal habeas corpus statute, 28 U.S.C. § 2254, “provide access to a federal forum for claims of unconstitutional treatment at the hands of state officials, but they differ in their scope and operation” because exhaustion of state remedies is not required for a § 1983 action, but exhaustion is required in order to seek habeas relief. Heck, 512 U.S. 477, 480-81, 114 S.Ct. 2364, 129 L.Ed.2d 383. The Court went on to hold that:

[I]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove 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. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983. Thus, when a state prisoner seeks damages in a § 1983 suit, the district court must consider whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated. But if the district court determines that the plaintiffs action, even if successful, will not demonstrate the invalidity of any outstanding criminal judgment against the plaintiff, the action should be allowed to proceed, in the absence of some other bar to the suit.

Id. at 486-87, 114 S.Ct. 2364 (footnotes omitted).

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Related

Heck v. Humphrey
512 U.S. 477 (Supreme Court, 1994)
Muhammad v. Close
540 U.S. 749 (Supreme Court, 2004)
Butler v. Compton
158 F. App'x 108 (Tenth Circuit, 2005)

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482 F.3d 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-compton-ca10-2007.