Webb v. McClung

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION EDDIE WEBB ADC #108350 PLAINTIFF No. 3:22-cv-146-DPM BLAINE MCCLUNG, Officer, Corning Police Department DEFENDANT ORDER 1. The Court screened Webb’s complaint and determined that he sufficiently pleaded Fourth Amendment claim against Officer McClung. Doc. 3. Officer McClung now moves to dismiss.

2. | Webb says Officer McClung unlawfully searched his phone.

He acknowledges—and a public record search confirms — that in June 2022, he pleaded guilty to the unlawful use of a communication device arising from this incident and was sentenced to 96 months incarceration. State v. Webb, 11CCR-20-62 (Corning District Court).

Officer McClung argues that judgment Webb’s favor would necessarily imply the invalidity of that conviction, meaning the case should be dismissed. Heck v. Humphrey, 512 U.S. 477, 487 (1994).

3. The Court cannot, on the present record, find that Webb’s claims are Heck-barred. Heck, 512 U.S. at 487 n.7; Cooney v. Arkansas, 2022 WL 288143, at *1 (8th Cir. 2022) (unpublished per curiam).

Some aspects of the case are limited by Heck. Webb, for example, cannot recover damages for “the injury of being convicted and imprisoned.” Heck, 512 U.S. at 487 n.7. But he seeks damages for the alleged invasion of his privacy. Compare Hamner v. Mannis, 2022 WL 17833181, at *1 (E.D. Ark. 21 December 2022); Kaczmarek v. Butler, 2023 WL 2319309, at*6 (W.D. Ark. 11 January 2023), report and recommendation adopted, 2023 WL 2317786 (W.D. Ark. 1 March 2023).

A judgment in his favor on his privacy claim would not necessarily imply the invalidity of his conviction. He also seeks damages related to his pre-plea incarceration. It is a closer question whether any such damages are recoverable so long as Webb’s conviction stands— a question the Court leaves for another day on a more complete record.

Parker v. Matthews, 2003 WL = 21976505 (8thCir. 2003) (unpublished per curiam). For now, Webb may therefore proceed with his wrongful-search claim against McClung.

Motion to dismiss, Doc. 8, denied without prejudice. Motion to stay discovery, Doc. 14, also denied. An Initial Scheduling Order will issue.

So Ordered.

D.P. Marshall Jr. United States District Judge 3/ “Worch 2023 _2-