Kay Elliott Farley, II v. Swayn E. Moore Rand Schuft Wayne Teglia and John Slansky

Good Law
92 F.3d 1192·1996 WL 436513·1996 U.S. App. LEXIS 28139
United States Court of Appeals for the Ninth CircuitAugust 2, 199695-15650California284 words

Opinion

Opinion

92 F.3d 1192 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kay Elliott FARLEY, II, Plaintiff-Appellant, v. Swayn E. MOORE; Rand Schuft; Wayne Teglia; and John Slansky, Defendants-Appellees. No. 95-15650. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1996. * Decided Aug. 2, 1996. Before: WOOD, Jr., ** CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Kay Elliott Farley, II appeals the dismissal of his action filed pursuant to 42 U.S.C. § 1983 . We previously affirmed the denial of Farley's action, but granted rehearing so that the applicability of the Supreme Court's decision in Heck v. Humphrey, 114 S.Ct. 2364 (1994), could be assessed. 3 Reviewing Farley's complaint under this authority, we find that Farley's complaint fails to allege any compensable injury apart from imprisonment or conviction and is thus barred. Id. at 2372 n. 7. Furthermore, Farley's claims are barred as they would, if proven, invalidate his conviction. Id. at 2372 . The…

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