Cook v. City of Tyler, No. 19-40144 (5th Cir. 2020)
Annotate this CasePlaintiff filed suit alleging claims under 42 U.S.C. 1983, seeking to recover damages suffered from a series of alleged wrongful prosecutions, convictions, and imprisonment. The Fifth Circuit dismissed the appeal and cross-appeal based on lack of jurisdiction, holding that the dismissal of plaintiff's claims does not prevent him from re-filing the same or similar claims at a later date and thus the district court's decision was not a final decision. In this case, plaintiff is awaiting vacatur of his conviction by the TCCA and he is free to bring his claims once the conditions of Heck v. Humphrey, 512 U.S. 477 (1986), were met. Thus, litigation on the merits is not over because plaintiff expects to satisfy the Heck conditions soon and may resubmit his claims thereafter.
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