Gary Trudell, Plaintiff-appellant, v. Snohomish County; John E. Oswald; Steven Henley; Russ B.juckett, Defendants-appellees, 40 F.3d 1246 (9th Cir. 1994)
Annotate this CaseBefore: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges.
MEMORANDUM**
Gary Trudell, a Washington state prisoner convicted of murder, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. § 1983 action for damages. He contends that Snohomish County prosecutors, investigators, sheriffs and others lacked jurisdiction to arrest and convict him because he is a member of a federally-recognized Indian tribe. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. The district court properly dismissed Trudell's action without prejudice because a judgment in his favor "would necessarily imply the invalidity of his conviction" and his conviction has not been invalidated or otherwise called into question. See Heck v. Humphrey, 114 S. Ct. 2364, 2372 (1994).
AFFIRMED.
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.