Narvis G. Nonnette v. Larry Small R. Schelke E. Castro D. Johnson M.A. Corbin J. Builtman

Plaintiff Narvis Nonnette brought this civil rights action pursuant to 42 U.S.C. § 1983 , alleging that officials of the Cali-patria State Prison in California violated his constitutional rights by: (1) miscalculating his prison sentence and (2) revoking 360 days of his good-time credits and imposing 100 days of administrative segregation in a disciplinary proceeding without supporting evidence. The district court dismissed the miscalculation claims and granted summary judgment for the defendants on the disciplinary claim. The district court based both rulings on the fact that Nonnette was a state prisoner and that his civil rights claims necessarily challenged the validity of the underlying decisions that caused his continued confinement. Because those determinations had not been set aside, the district court held that Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), precluded Nonnette from maintaining his § 1983 action.

Nonnette appeals the district court’s rulings. He points out that he has now completed serving the incarceration portion of his sentence (including the additional year that resulted from his disciplinary proceeding) and has been released…