Moore v. Mahone

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 09-3515
Decision Date: 
July 15, 2011
Federal District: 
C.D. Ill.
Holding: 
Reversed and remanded
Dist. Ct. erred in dismissing under Heck, 512 US 477, plaintiff-prisoner’s section 1983 claim alleging that defendants-prison officials used excessive force against plaintiff in altercation in prison. While plaintiff’s failure to challenge prison board’s prior determination that defendant had been aggressor in subject altercation could potentially foreclose plaintiff from bringing instant action to extent that instant lawsuit challenges essential findings made by prison board in plaintiff’s prison-discipline case, Dist. Ct. should have dismissed plaintiff’s lawsuit without prejudice to filing another complaint that had allegations which did not conflict with prison board’s findings against plaintiff.