Tommy Hall v. Officer Nick Elrod, 399 F. App'x 136

Arkansas inmate Tommy Hall filed a 42 U.S.C. § 1983 complaint against three police officers and later asserted a conspiracy related to a felony drug charge.
Hall alleged unlawful search and seizure in August 2004 and a police report based on fabricated information.
He claimed the officers attempted to bring a false felony drug charge and testified falsely during proceedings on that charge, which was dismissed.
The district court dismissed Hall’s complaint under 28 U.S.C. § 1915A with prejudice.
The dismissal was reviewed de novo by the Eighth Circuit.
The court held some claims time-barred and others insufficiently pleaded, with immunity and prosecutorial-discretion defenses foreclosing claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the § 1983 claims for unlawful search and false report are time-barred.	Hall contends timely accrual and denial-of-deference under Heck do not apply.	Defendants argue statute of limitations bars the claims as accruing at injury and not saved by Heck.	Time-barred claims sustained.
Whether Heck’s deferred accrual rule applies to Hall’s claims.	Heck rule applies to pending or future conviction scenarios, not extant ones.	Heck rule not applicable to anticipated future conviction here.	Heck deferred accrual not triggered; inapplicable to this case.
Whether Hall stated a cognizable claim for conspiracy to violate rights.	Allegations show meeting of minds toward unconstitutional action.	Conspiracy pleaded with insufficient specificity and factual support.	Conspiracy claim not stated.
Whether the witnesses’ testimony and the charging decisions can support a § 1983 claim.	Falsified testimony and false charges amount to § 1983 violations.	Witness immunity and prosecutorial discretion bar such claims.	Witnesses absolutely immune; prosecutorial discretion protected; claims fail.

Cooper v. Schriro, 189 F.3d 781 (8th Cir. 1999) (de novo review of § 1915A dismissal)
Miller v. Norris, 247 F.3d 736 (8th Cir. 2001) (Arkansas three-year personal injury SOL for § 1983)
Wallace v. Kato, 549 U.S. 384 (2007) ( Heck rule for deferred accrual limited to extant convictions)
Heck v. Humphrey, 512 U.S. 477 (1994) (deferred accrual concept)
Briscoe v. LaHue, 460 U.S. 325 (1983) (witnesses immune from § 1983 suit)
Nelson v. City of McGehee, 876 F.2d 56 (8th Cir. 1989) (conspiracy claims require specificity)
State v. Murphy, 864 S.W.2d 842 (Ark. 1993) (prosecutor’s charging discretion is largely unreviewable)
Johnson v. Johnson County Comm’n Bd., 925 F.2d 1299 (10th Cir. 1991) (police action claims accrual context)