Bell v. Raoul

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action, alleging that plaintiff’s continued civil incarceration under state’s Sexually Violent Persons Commitment Act (SVPCA), violated his constitutional rights, where plaintiff has been so incarcerated for over 16 years. Dist. Ct. could properly find that plaintiff could not proceed with instant lawsuit under Heck, 512 U.S. 477, where: (1) plaintiff sought not only monetary damages but termination of his incarceration under SVPCA; (2) under Heck, section 1983 cannot be used to contest fact or duration of confinement, unless conviction or disciplinary sanction that led to confinement had been previously invalidated on appeal or on collateral attack; and (3) plaintiff’s civil confinement under SVPCA has not been invalidated and instant action squarely challenged validity of his civil confinement. Fact that plaintiff is no longer in prison setting, but on home confinement does not require different result. As such, plaintiff must wait until he receives favorable termination of his civil confinement through different proceeding before he can proceed with his current lawsuit.