Can a plaintiff bring a claim for damages under Section 1983 of the Criminal Code for wrongful imprisonment and/or wrongful imprisonment in a civil case?

California, United States of America


The following excerpt is from Sherman v. Bryant, E072201 (Cal. App. 2020):

Heck v. Humphrey (1994) 512 U.S. 477 held that "in 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, [citation]. 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 [trial] 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 [trial] court determines that the plaintiff's action, even if successful, will not demonstrate

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