Kristy Cunningham v. Leona Bates
Opinion
Kristy Cunningham appeals after the district court 1 adversely granted judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), in her 42 U.S.C. § 1983 action. Upon de novo review, see Montin v. Moore, 846 F.3d 289, 293 (8th Cir. 2017) (reviewing de novo a grant of a Rule 12(c) motion), we conclude that the district court properly determined that Cunningham’s claims for damages were barred under Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (stating that if a judgment in favor of the plaintiff would necessarily imply the invalidity of a conviction or sentence, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated). Accordingly, we affirm. See 8th Cir. R. 47B.
. The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the ' Eastern District of Missouri.
Reference
- Full Case Name
- Kristy CUNNINGHAM Plaintiff-Appellant v. Leona BATES, in Her Individual Capacity; Dennis Smith, in His Individual Capacity; David Kennedy, in His Individual Capacity; Daniel R. Bullock, in His Individual Capacity; Spring Henson Gray, in Her Individual Capacity; Donald Duncan, in His Individual Capacity; Rick Baker, in His Individual Capacity; The City of Farmington, Missouri; St. Francois County, Missouri Defendants-Appellees. Police Officer John Doe, City of Farmington Police Officer Defendant
- Status
- Unpublished