338 F. Supp. 3d 860
E.D. Ill.2017Background
- Johnnie Lee Savory was arrested in 1977, convicted of rape and murder, retried after reversal, reconvicted in 1981, and served prison time; he was released on parole in 2006 and his parole terminated December 6, 2011.
- Savory pursued multiple postconviction remedies, including federal habeas petitions while in custody, and obtained a gubernatorial pardon on January 12, 2015.
- On January 11, 2017 Savory filed a 42 U.S.C. § 1983 suit alleging coerced confession, fabricated evidence, and destruction/withholding of exculpatory evidence by Peoria officials.
- Defendants moved to dismiss under Rule 12(b)(6), principally arguing the § 1983 claims were time-barred by the applicable two-year statute of limitations.
- Central legal question: when did Savory’s § 1983 claims accrue for statute-of-limitations purposes — at parole termination (Dec. 6, 2011) or at the date of pardon (Jan. 12, 2015) — governed by the Heck rule and its post-custody exceptions.
- The court dismissed the § 1983 claims with prejudice as time-barred because the Heck bar lifted when Savory’s custody ended (parole termination), making his claims untimely when filed in 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did § 1983 claims accrue under Heck? | Savory: Heck bar persisted until favorable termination by pardon on Jan. 12, 2015, so accrual then. | Defendants: Heck bar lifted when parole ended Dec. 6, 2011, so accrual then and suit untimely. | Held: Accrual occurred at parole termination (Dec. 6, 2011); claims are time-barred. |
| Applicability of Heck after custody ends | Savory: Heck requires favorable termination even post-custody for conviction-challenging claims. | Defendants: Under Seventh Circuit precedent, Heck lifts when habeas is no longer available (post-custody). | Held: Seventh Circuit line (DeWalt/Simpson/Whitfield) controls: Heck lifts when custody ends unless plaintiff strategically waited; Savory did not wait strategically. |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (1994) (§ 1983 claim that would imply invalidity of conviction is forbidden unless conviction has been favorably terminated)
- Maleng v. Cook, 490 U.S. 488 (1989) (habeas relief is available only to persons "in custody" under the conviction attacked)
- DeWalt v. Carter, 224 F.3d 607 (7th Cir. 2000) (when habeas is unavailable post-custody, § 1983 may proceed; overruled contrary precedent)
- Simpson v. Nickel, 450 F.3d 303 (7th Cir. 2006) (§ 1983 accrues only after custody ends for claims implying invalidity of conviction)
- Burd v. Sessler, 702 F.3d 429 (7th Cir. 2012) (supervised release/parole expiration ends custody for habeas purposes)
- Whitfield v. Howard, 852 F.3d 656 (7th Cir. 2017) (Heck bar lifts upon release from custody even for claims that could have been raised in habeas while incarcerated)
- Dominguez v. Hendley, 545 F.3d 585 (7th Cir. 2008) (two-year statute of limitations governs § 1983 in Illinois)
- Maples v. Thomas, 565 U.S. 266 (2012) (statutes of limitation and procedural deadlines are strictly applied)