958 F.3d 379
5th Cir.2020Background
- Aug. 24, 2015: Inmate Layne Aucoin placed a paper cup over his cell camera; prison staff responded.
- Aucoin alleges officers Cupil and Robinson sprayed chemical agent in his cell, then ordered him out; he complied and was restrained.
- Aucoin further alleges he was maced and beaten later in the prison showers and lobby after he surrendered.
- Prison disciplinary report says Aucoin disobeyed orders, tried to flood the cell, spat on an officer; he was convicted of defiance, aggravated disobedience, and property destruction and lost 30 days’ good-time credits.
- District court initially recognized some claims might survive Heck but ultimately dismissed all claims under Heck; Aucoin appealed.
- Fifth Circuit: Heck bars the § 1983 excessive-force claims arising in the cell (before submission) but does not bar separate claims for force occurring in the showers and lobby after he surrendered; case reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Heck bars §1983 claims for force used in the cell prior to restraint | Aucoin: Heck doesn't apply; he seeks damages for assault | Officers: Heck bars because success would negate disciplinary conviction | Barred — Heck prevents claims that necessarily imply invalidity of disciplinary finding |
| Whether Heck bars §1983 claims for force occurring after Aucoin surrendered (showers/lobby) | Aucoin: These are distinct, post-submission incidents and not Heck-barred | Officers: Entire claim is barred by Heck | Not barred — post-submission force claims are temporally and conceptually distinct and may proceed |
| Does Aucoin’s failure to challenge loss of good-time credits defeat Heck’s application | Aucoin: He did not contest the disciplinary sanctions, so Heck should not apply | Officers: Whether he challenges the sanction is irrelevant if his allegations are inconsistent with the conviction | Failure to challenge credits is irrelevant; inconsistent factual allegations invoke Heck |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (bars §1983 claims that would imply invalidity of a prior conviction)
- Edwards v. Balisok, 520 U.S. 641 (1997) (prison disciplinary rulings that change sentence are treated as convictions for Heck)
- Bourne v. Gunnels, 921 F.3d 484 (5th Cir. 2019) (excessive force after submission not Heck-barred)
- Bush v. Strain, 513 F.3d 492 (5th Cir. 2008) (claims of force occurring after restraint may proceed)
- Clarke v. Stalder, 154 F.3d 186 (5th Cir. 1998) (disciplinary proceedings qualify as convictions under Heck)
- Ballard v. Burton, 444 F.3d 391 (5th Cir. 2006) (discussing Heck’s finality concerns)
- DeLeon v. City of Corpus Christi, 488 F.3d 649 (5th Cir. 2007) (Heck bars claims whose facts are inconsistent with conviction)
- Okoro v. Callaghan, 324 F.3d 488 (7th Cir. 2003) (plaintiff’s disclaimer of intent to challenge conviction does not avoid Heck)