Newmy, Sr. v. Johnson, et al., No. 13-2756 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983 against his parole officer, alleging that the officer falsely reported that plaintiff failed to report to see him as required by the terms of plaintiff's parole. The court concluded that the district court correctly followed circuit precedent in dismissing plaintiff's claim in light of the Supreme Court's decision in Heck v. Humphrey and this court's application of Heck in Entzi v. Redmann. Accordingly, the court affirmed the judgment of the district court. The court denied plaintiff's motion for service of the appeal as moot.
Court Description: Civil case - Civil rights. In suit alleging plaintiff's parole officer violated his civil rights by filing a false violation report, the district court did not err in dismissing the action under Heck v. Humphrey, 512 U.S. 477 (1994) and Entzi v. Redmann, 485 F.3d 998 (8th Cir. 2007). Judge Kelly, concurring.
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