473 F. App'x 136
3rd Cir.2012Background
- Bolick alleges a 1981 robbery conviction was fraudulent and seeks relief in 42 U.S.C. § 1983 along with state-law claims.
- In 2007, Bolick moved to vacate/strike the 1981 conviction; Judge Sacavage signed a voiding order in June 2007.
- That June 2007 order was later vacated in November 2007 as an inadvertent signing and a prior May 2007 denial was the controlling disposition.
- The Pennsylvania Superior Court held the June and November orders to be legal nullities because time to modify had expired; it remanded to reinstate the May 25, 2007 denial of Bolick’s petition.
- Bolick’s district-court complaint sought damages based on alleged constitutional violations and state-law torts; the district court dismissed for failure to state a claim, noting Heck v. Humphrey bar and public-record support for the 1981 conviction.
- Bolick appealed, challenging only the remaining defendants after waivers; the Third Circuit affirms the district court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bolick’s §1983 claims survive given Heck limitations. | Bolick argues violations independent of the 1981 conviction, not implying invalidity. | defendants contend Heck bars claims that would imply invalidity of the conviction. | Heck bar applies to claims that would imply invalidity. |
| Whether Bolick has stated any federal or state-law claims against the remaining defendants. | Bolick asserts conspiracy and rights violations tied to ex parte conference. | Record shows no viable federal/state claims against remaining defendants. | No plausible claims stated. |
| Whether the Superior Court’s vacatur of the June 2007 order undermines Bolick’s position. | Bolick relies on vacatur to show invalidity of 1981 conviction. | Superior Court vacatur legally nullifies the June 2007 order; conviction remains valid. | Conviction remains valid; vacatur ineffective for relief. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Heck v. Humphrey, 512 U.S. 477 (U.S. 1994) (§1983 damages requiring invalidation of conviction may be barred)
- Pension Benefit Guaranty Corp. v. White Consolidated Indus., Inc., 998 F.2d 1192 (3d Cir. 1993) (public-record and prior opinions may be considered on motion to dismiss)
- McTernan v. City of York, Pa., 577 F.3d 521 (3d Cir. 2009) (courts may rely on public records and prior judicial rulings)