The following excerpt is from Lusk v. Silva, No. 2:15-cv-2238-EFB P (TEMP) (E.D. Cal. 2016):
In any amended complaint plaintiff elects to file, he will need to clarify whether the alleged illegal search and seizure he complains of resulted in a conviction or sentence. It is well established that "a state prisoner's 1983 action is barred (absent prior invalidation) - no matter the relief sought (damages or equitable relief), no matter the target of the prisoner's suit (state conduct leading to conviction or internal prison proceedings) - if success in that action would necessarily demonstrate the invalidity of confinement or its duration." Wilkinson v. Dotson, 544
Page 4
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.