Montgomery v. Culum

Summary

The document is an order and findings and recommendations in a prisoner civil-rights action under 42 U.S.C. § 1983. The court grants the plaintiff’s motion for an extension of time and recommends granting defendants’ motion to dismiss under Heck v. Humphrey as to one excessive-force claim involving defendant Culum, while recommending denial of the motion in all other respects. The court also addresses requests for judicial notice concerning related criminal and prison disciplinary proceedings.

Holdings

1. Plaintiff's stipulation to the preliminary-hearing transcript as the factual basis for his no-contest plea was limited to the discrete act forming the basis of the conviction: kicking defendant Pesce in the left knee. Because success on plaintiff's remaining excessive-force and mental-health-care claims would not necessarily invalidate that conviction, those claims were not Heck barred.
2. The prison disciplinary conviction based on plaintiff's kick to Pesce's left knee did not bar plaintiff's remaining § 1983 claims because a finding for plaintiff on those claims would not necessarily invalidate the disciplinary conviction.
3. The claim that Culum yanked plaintiff from the holding cage, swung him 180 degrees, slammed him into the wall, and smashed his heel onto plaintiff's foot was Heck barred because it was based on a version of events inconsistent with the disciplinary finding that plaintiff aggressively spun and pushed his shoulder into Culum's chest.
4. Plaintiff's motion for an extension of time to oppose defendants' motion to dismiss was granted for good cause.

Questions Presented

1. Whether plaintiff's § 1983 claims were barred by Heck v. Humphrey because success on the claims would necessarily imply the invalidity of his state criminal conviction for battery on Pesce.
2. Whether plaintiff's § 1983 claims were barred by Heck because success would necessarily imply the invalidity of prison disciplinary convictions for batteries involving Pesce and Culum.
3. Whether plaintiff's motion for an extension of time to oppose the motion to dismiss should be granted.

Disposition

other