Case: 23-40171 Document: 00516969149 Page: 1 Date Filed: 11/15/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED November 15, 2023 No. 23-40171 Lyle W. Cayce ____________ Clerk Brett Fountain, Plaintiff—Appellant, versus Clifford Wayne Thomas; Wood County Criminal District Attorney’s Office; Angela Lea Albers, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:22-CV-431 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:* Brett Fountain was convicted of a misdemeanor traffic violation in Texas state court. Fountain then filed suit in federal district court under 42 U.S.C. § 1983 against various officials involved in the state prosecution. For example, Fountain alleged that the special prosecutor “pretended he was the elected criminal district attorney of Wood County,” Texas.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40171 Document: 00516969149 Page: 2 Date Filed: 11/15/2023

No. 23-40171

Fountain’s claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994). Heck bars actions for damages under § 1983 (1) when a judgment in favor of the plaintiff would necessarily imply the invalidity of their conviction, and (2) that conviction has not “been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus, 28 U.S.C. § 2254.” Id. at 486–87.

Fountain’s conviction has not been reversed, expunged, or otherwise declared invalid. Accordingly, he cannot proceed with this § 1983 claim for damages. Id.; Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996).

AFFIRMED.