Civil Action No. 2019-2620
D.D.C.Apr 17, 2020Background
- Keith Judd was convicted in the Western District of Texas (mailing threatening communications with intent to extort) and sentenced to 210 months and three years supervised release.
- Over many years Judd has filed hundreds of challenges to his conviction in various federal courts.
- Now out of custody, Judd filed a pro se complaint in the D.D.C. seeking (1) a declaration that he is innocent and that his conviction is void (seeking relief via a writ of error coram nobis), (2) that DOJ and FBI correct records under the Privacy Act to show his innocence, and (3) $20 million in damages.
- Defendants moved to dismiss, arguing lack of jurisdiction for coram nobis relief in D.D.C. and that Privacy Act claims/damages are barred because success would imply invalidity of the conviction.
- The court held it lacked jurisdiction to grant coram nobis (only the sentencing court may hear such petitions) and that Privacy Act claims seeking record correction or damages are barred by Heck/White because Judd’s conviction has not been vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether D.D.C. can grant coram nobis/declaratory relief to void Judd’s conviction | Judd seeks coram nobis relief here to declare his conviction void and assert innocence | Coram nobis may only be sought in the sentencing court (W.D. Texas); D.D.C. lacks jurisdiction | Court dismissed coram nobis/declaratory counts for lack of jurisdiction; petition must be filed in sentencing court |
| Whether Judd may via the Privacy Act obtain record correction and $20M damages when conviction stands | Judd asks DOJ/FBI to correct records to show innocence and demands damages under the Privacy Act | Allowing relief would necessarily imply invalidity of the conviction; Heck and D.C. Circuit precedent (White) bar such claims absent vacatur | Court dismissed Privacy Act claims under Heck/White because success would imply conviction invalidity and the conviction has not been vacated |
Key Cases Cited
- United States v. Judd, 252 F.3d 435 (5th Cir. 2001) (underlying criminal conviction and sentence)
- Chaidez v. United States, 568 U.S. 342 (2013) (coram nobis as collateral remedy for those not in custody)
- United States v. Nwoye, 824 F.3d 1129 (D.C. Cir. 2016) (discussing coram nobis procedure)
- Rawlins v. Kansas, 714 F.3d 1189 (10th Cir. 2013) (coram nobis petitions must be filed in the sentencing court)
- Heck v. Humphrey, 512 U.S. 477 (1994) (claims implying invalidity of conviction are barred unless conviction reversed/vacated)
- White v. U.S. Probation Office, 148 F.3d 1124 (D.C. Cir. 1998) (applies Heck bar to Privacy Act damages/records challenges)
- Qassim v. Bush, 466 F.3d 1073 (D.C. Cir. 2006) (habeas unavailable once sentence fully served)
- Griffin v. Baltimore Police Dep’t, 804 F.3d 692 (4th Cir. 2015) (limited exception to Heck for former inmates lacking habeas access)
- Guerrero v. Gates, 442 F.3d 697 (9th Cir. 2006) (limited exception to Heck for very short sentences)