Morgan v. Schott

Magistrate Judge did not err in granting defendants-prison officials’ motion for summary judgment in section 1983 action alleging that defendants violated plaintiff’s due process rights by failing to call favorable witness to testify on his behalf during prison’s Adjustment Committee hearing that resulted in decision by prison’s Administrative Review Bd. that plaintiff was guilty of certain prison infractions and in imposition of punishment that included one year of segregation, various status and access restrictions and revocation of one month good-time credits. Defendants were entitled to invoke “favorable-termination” rule set forth in Heck, 512 U.S. 477, that would require dismissal without prejudice of plaintiff’s lawsuit, since any damages award in instant action based on finding that defendants had violated plaintiff’s due process rights would imply invalidity of plaintiff’s punishment. As such, plaintiff could bring instant section 1983 action only after state court had invalidated his punishment. Ct. rejected plaintiff’s contention that he could avoid Heck bar by abandoning portion of his claim involving duration of his sentence and focusing claim on other aspects of his punishment involving conditions of his confinement.