Paul Blaise v. Dr. Jason Smith, et al, No. 09-1397 (8th Cir. 2010)
Annotate this CaseCourt Description: Civil case - civil rights. Preservice dismissal affirmed without comment; however, to the extent the claims for damages were dismissed pursuant to Heck v. Humphrey, the dismissal is modified to be without prejudice.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1397 ___________ Paul Michael Blaise, * * Appellant, * * v. * Appeal from the United States * District Court for the Dr. Jason Smith; PSS Hope Prentice; * Northern District of Iowa. PSS Hirschman; TPS Jennifer * Macklem, * [UNPUBLISHED] * Appellees. * ___________ Submitted: November 23, 2009 Filed: January 12, 2010 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Paul Blaise appeals the district court s1 preservice dismissal of his 42 U.S.C. ยง 1983 action. Upon careful review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review), we affirm the dismissal for the reasons stated by the district court, see 8th Cir. R. 47B. However, to the extent Blaise s claims for damages were dismissed pursuant to Heck v. Humphrey, 512 U.S. 477, 486-87 1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. (1994), we modify the dismissal to be without prejudice, see Schafer v. Moore, 46 F.3d 43, 45 (8th Cir. 1995) (per curiam) (dismissal under Heck should be without prejudice so plaintiff can refile if he satisfies Heck requirements). ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
