Travis Middleton v. Raul Vasquez

MEMORANDUM

Travis Irvin Middleton appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging civil rights violations related to his state court conviction for indecent exposure. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Beets v. County of Los Angeles, 669 F.3d 1038, 1041 (9th Cir.2012) (dismissal under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994)); Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010) (dismissal under Fed.R.Civ.P. 12(b)(6)). We affirm.

The district court properly dismissed as Heck-barred Middleton’s claims against the Santa Barbara County defendants because success on his claims would necessarily imply the invalidity of his conviction, and Middleton failed to allege that his conviction has been invalidated. See Heck, 512 U.S. at 486-87 , 114 S.Ct. 2364 (holding that, “in order to recover damages for an allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid,” a plaintiff must prove “that the conviction or sentence has been reversed on direct appeal, expunged by executive order,…