LAW.coLAW.co

Richard A. BUTTERFIELD, Plaintiff-Appellant, v. Katherine S. BAIL; George Johnson; David L. Carlson; Kaye Adkins; Robert E. Trimble; Defendants # 1-9, agents of the Indeterminate Sentence Review Board, Defendants-Appellees

United States Court of Appeals for the Ninth Circuit1997-07-25No. No. 95-35760
120 F.3d 1023

Summary

Holding. The district court's dismissal of Butterfield's § 1983 action was affirmed because his challenge to the parole denial procedures necessarily implicates the validity of his continuing confinement and therefore falls within the Heck bar, requiring him to pursue habeas corpus rather than a civil damages action.

Richard Butterfield, an incarcerated individual, sued prison officials under federal civil rights law claiming they violated his due process rights by relying on false information when determining he was ineligible for parole. The district court dismissed his lawsuit, and Butterfield appealed. The appeals court affirmed the dismissal, holding that Butterfield's claim is barred by the Heck doctrine, which prevents prisoners from using civil rights lawsuits to challenge matters that would directly call into question the validity of their continued confinement.

The court reasoned that any challenge to parole denial procedures necessarily affects the validity of the prisoner's confinement itself. Even though Butterfield sought money damages rather than parole release, the court found that such damages would inevitably be measured by the harm caused by the parole denial. Therefore, such claims must be pursued through habeas corpus petitions rather than civil rights lawsuits, and cannot proceed until the underlying parole decision has been overturned through proper habeas proceedings.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a prisoner's § 1983 claim challenging parole procedures is barred by the Heck doctrine
  • Whether a claim challenging procedural defects in parole denial can be distinguished from claims challenging the substantive denial itself
  • Whether seeking money damages rather than parole release avoids the Heck bar
  • Whether reliance on false information in a parole hearing presents a cognizable civil rights claim

Procedural posture

Butterfield appealed the district court's dismissal of his § 1983 civil rights action under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

BRUNETTI, Circuit Judge:

Washington state prisoner Richard A. Butterfield appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that defendants violated his due process rights when they relied on false information in Butterfield’s prison file to find him ineligible for parole. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court’s Fed.R.Civ.P. 12(b)(6) dismissal for failure to state a claim, see Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.1988), and we affirm.

I.

Butterfield contends that the district court erred when it found that his action was barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Heck precludes a prisoner’s § 1983 claim that, if successful, would invalidate a conviction or sentence “where that conviction [or sentence] has not been reversed, expunged or called into question by issuance of a writ of habeas corpus.” Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (citing Heck, 512 U.S. at 486-87, 114 S.Ct. at 2371-72). We previously held that Heck does not bar a prisoner’s § 1983 claim that purports to challenge an allegedly unconstitutional prison hearing solely on the ground that the hearing was procedurally defective. See Gotcher v. Wood, 66 F.3d 1097, 1099 (9th Cir.1995), vacated, — U.S. -, 117 S.Ct. 1840, 137 L.Ed.2d 1045 (1997) (holding that a prisoner who challenged prison procedures used to deny him good-time credits, and not actual denial of those credits, stated a cognizable claim under § 1983). That rule was expressly disapproved by the Supreme Court in Edwards v. Balisok, — U.S.-,-, 117 S.Ct. 1584, 1587, 137 L.Ed.2d 906 (1997).

In Balisok, the Supreme Court held that a prisoner’s challenge to the procedures used in a disciplinary proceeding resulting in the denial of good-time credit was not cognizable under § 1983. Id. at-, 117 S.Ct. at 1587. The Balisok Court concluded that the determination whether a cause of action may be cognizable under § 1983 may not be made simply upon the distinction between those claims which challenge the process used in reaching a result and those claims which explicitly challenge the substantive result. Id. Rather, the determination whether a challenge is properly brought under § 1983 must be made based upon whether “the nature of the challenge to the procedures [is] such as necessarily to imply the invalidity of the judgment.” Id. If the court concludes that the challenge would necessarily imply the invalidity of the judgment or continuing confinement, then the challenge must be brought as a petition for a writ of habeas corpus, not under § 1983.

II.

Here, Butterfield alleges that defendants violated his due process rights by considering false information in his prison file to find him ineligible for parole. We have no difficulty in concluding that a challenge to the procedures used in the denial of parole necessarily implicates the validity of the denial of parole and, therefore, the prisoner’s continuing confinement. See Elliott v. United States, 572 F.2d 238, 239 (9th Cir.1978) (challenge to parole board’s reliance on inaccurate information appropriately brought as a petition for a writ of habeas corpus). Few things implicate the validity of continued confinement more directly than the allegedly improper denial of parole. This is true whether that denial is alleged to be improper based upon procedural defects in the parole hearing or upon allegations that parole was improperly denied on the merits. Appellant’s civil claim for damages amounts to a collateral attack on his denial of parole and subsequent incarceration. Heck does not permit this.

The fact that Butterfield seeks money damages rather than parole as a remedy does not alter this conclusion. Although this court is not empowered to grant Appellant parole as a remedy to the alleged procedural defects in his parole hearing, the remedy he ultimately seeks is parole. Appellant would not challenge the alleged procedural defects in his parole hearing if he did not believe that, were those procedural defects remedied, he would be paroled. Further, although Appellant does not in form challenge the legality or length of his confinement, in substance his damages may only be measured by that confinement. Any money damages that would be assessed against defendants in this case would necessarily be based upon the harm to Appellant in having his parole denied, i.e., damages will inevitably be measured by the denial of parole — Butterfield’s continuing confinement.

III.

Because Butterfield’s § 1983 claim necessarily implicates the validity of his continuing confinement, it does not accrue unless and until the conviction or sentence is reversed, expunged, invalidated, or impugned by the grant of writ of habeas corpus. Heck, 512 U.S. at 487, 114 S.Ct. at 2372. We conclude that Butterfield failed to state a cognizable claim under section 1983 and that the district court properly dismissed his action for failure to state a claim. See Fed.R.Civ.P. 12(b)(6).

AFFIRMED.

. We are supported in this conclusion by two of our sister circuits. See Crow v. Penry, 102 F.3d 1086, 1087 (10th Cir.1996) (claim that parole revocation was invalid based upon false statements made in parole violation warrant and gen eral due process violations associated with revocation of parole “necessarily implies the validity of his parole revocation” and therefore cognizable only in habeas); McGrew v. Texas Board of Pardons & Paroles, 47 F.3d 158, 161 (5th Cir. 1995) ("an action attacking the validity of parole proceedings calls into question the fact and duration of confinement,” and therefore must be brought as a petition for writ of habeas).