Lyle Coultas v. Steven Payne

MEMORANDUM

Former Oregon state prisoner Lyle Mark Coultas appeals pro se from the district court’s judgment under Federal Rule of Civil Procedure 54(b) in his 42 U.S.C. § 1983 action alleging civil rights violations arising from his state court conviction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010) (dismissal under Fed.R.Civ.P. 12(b)(6)); Whitaker v. Garcetti 486 F.3d 572, 579 (9th Cir.2007) (dismissal under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994)). We vacate and remand.

The district court did not have the benefit of our recent decision in Jackson v. Barnes, 749 F.3d 755 (9th Cir.2014), when it determined that Coultas’s § 1983 claims against the individual defendants, Steven Payne and Carroll Tichenor, were Heck-barred. In Jackson v. Barnes, the court held that certain claims were not Heck-barred because the criminal defendant was reconvicted without use of the evidence obtained in violation of his constitutional rights. See id. at 759-60. Accordingly, we vacate the district court’s dismissal of Coultas’s § 1983 claims against the individual defendants and remand to allow the…