Sakima Salih El Bey v. Johnson, No. 19-2384 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Kelly and Grasz, Circuit Judges] Civil case - Civil rights. The district court did not err in dismissing plaintiff's suit for declaratory, injunctive and monetary relief arising out of his Arkansas convictions as the convictions had not been reversed and a judgment in plaintiff's favor would necessarily call the validity of the convictions into question.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2384 ___________________________ Sakima Iban Salih El Bey lllllllllllllllllllllPlaintiff - Appellant v. Johnson, Officer, West Memphis Police Department; McElroy, Officer, West Memphis Police Department; West Memphis Police Department; Arkansas, State of; Asa Hutchinson; Does, Congress of Arkansas House of Representatives and Congress of Arkansas Senate lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro ____________ Submitted: December 16, 2019 Filed: December 19, 2019 [Unpublished] ____________ Before BENTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Sakima Iban Salih El Bay appeals the district court’s1 preservice dismissal of his complaint seeking declaratory, injunctive, and monetary relief following his Arkansas arrest and subsequent convictions for driving on a suspended license and careless and prohibited driving. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. This court concludes that the district court properly dismissed the complaint because Salih El Bay’s convictions have not been reversed and a judgment in his favor would necessarily call their validity into question. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review of § 1915(e)(2)(B) dismissal for failure to state a claim); Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable D. P. Marshall, Jr., Chief Judge, United States District Court for the Eastern District of Arkansas. -2-
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