William Ward v. Kevwe Akpore
702 F. App'x 467
| 7th Cir. | 2017Background
- Ward, an Illinois prisoner convicted of aggravated battery with a firearm, sought recalculation of his release date claiming entitlement to 4.5 days of good-conduct credit per month under state law.
- Illinois "truth in sentencing" statute limits certain violent offenders (including Ward) to 4.5 days of credit per month, effectively requiring service of at least 85% of the sentence.
- After serving over 10 years, Ward sued prison officials under 42 U.S.C. § 1983 for damages for denial of inmate grievances and for failing to award the credited days; he later sought to add more defendants.
- The district court screened and dismissed the complaint under 28 U.S.C. § 1915A as barred because success would necessarily imply shorter confinement and thus is within habeas corpus, not § 1983; it also denied leave to amend as futile.
- The district court assessed a strike under 28 U.S.C. § 1915(g); this appeal followed. The defendants did not participate in the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper vehicle to obtain sentence-credit relief | Ward: § 1983 can be used to obtain recalculation/credits or damages for denial of credits | Defendants: Relief that would shorten confinement is cognizable only in habeas, not § 1983 | Court: Preiser bars § 1983 for restoring good-conduct credits; habeas is exclusive remedy |
| Damages claim for denial of credits | Ward: He seeks $20,000 in damages for wrongful denial of grievances about credits | Defendants: Damages for confinement length are barred unless favorable habeas termination (Heck) | Court: Heck/Edwards bar damages claim until sentence challenged/invalidated via habeas |
| Leave to amend complaint | Ward: Proposed to add two defendants who denied later grievances | Defendants: Amendment would not avoid habeas/Heck defects | Court: Denial of leave to amend not an abuse—amendment would be futile |
| Imposition of § 1915(g) strike | Ward: N/A in opinion | Defendants: Prior dismissals justify strike | Court: Strike affirmed; Ward has three strikes and cannot proceed IFP under § 1915(g) |
Key Cases Cited
- Preiser v. Rodriguez, 411 U.S. 475 (habeas is the exclusive remedy for claims seeking restoration of good-conduct credits)
- Heck v. Humphrey, 512 U.S. 477 (damages claim challenging conviction/sentence barred until favorable termination of habeas)
- Edwards v. Balisok, 520 U.S. 641 (Heck applies to challenges that necessarily imply invalidity of confinement)
- Nelson v. Campbell, 541 U.S. 637 (limits on § 1983 where success would affect duration of confinement)
- Whitfield v. Howard, 852 F.3d 656 (7th Cir. application of Heck to prisoner damages claims)
- Clemente v. Allen, 120 F.3d 703 (7th Cir. holding that damages for sentence miscalculation are Heck-barred)
- Waletzki v. Keohane, 13 F.3d 1079 (habeas proper remedy for sentence miscalculation)