Hamilton v. Raven
Hamilton v. Raven
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 25, 2008 No. 07-20536 Summary Calendar Charles R. Fulbruge III Clerk RONALD HAMILTON Plaintiff-Appellant v. KEVIN LEWIS RAVEN, Officer; TED ANTHONY ADAMS, Officer; JASON SCALES, Officer; CITY OF HOUSTON POLICE DEPARTMENT Defendants-Appellees
Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CV-4093
Before REAVLEY, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:* Ronald Hamilton, Texas prisoner # 1358069, was convicted of aggravated assault on a public servant. He filed the instant 42 U.S.C. § 1983 suit to seek redress for injuries that he suffered in connection with his arrest, and the district court dismissed the suit as barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Hamilton now appeals the district court’s dismissal, which was
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 07-20536 pursuant to 28 U.S.C. § 1915A. Hamilton insists that he had a valid excessive force claim and that the district court erred by dismissing this claim.
Hamilton has not shown that the district court erred by dismissing his suit. An excessive force claim that relates to events leading to a conviction for aggravated assault under Texas law is barred by Heck. See Hainze v. Richards, 207 F.3d 795, 798 (5th Cir. 2002); Sappington v. Bartee, 195 F.3d 234, 237 (5th Cir. 1999). Hamilton’s arguments to the contrary are unavailing. The judgment of the district court is AFFIRMED.
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