Wilson v. Midland County, No. 22-50998 (5th Cir. 2023)
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In an appeal before the United States Court of Appeals for the Fifth Circuit, Erma Wilson sought to overturn the decision of the U.S. District Court for the Western District of Texas which dismissed her federal civil rights suit against Midland County, Texas, and individuals Ralph Petty and Albert Schorre. Wilson was convicted of cocaine possession 22 years prior and she maintained her innocence, claiming that the cocaine found was not hers. The case revolved around her claim that she was denied due process since the assistant district attorney in her case, Ralph Petty, was also moonlighting as a law clerk for the judge presiding over her trial. Wilson was sentenced to eight years of community supervision which derailed her dream of becoming a nurse.
Upon review, the Fifth Circuit held that Wilson's claim is barred by the "favorable termination" rule from Heck v. Humphrey. The rule states that a convicted party cannot seek § 1983 damages for unconstitutional conviction or imprisonment without first showing that the conviction or sentence has been reversed on appeal or otherwise declared invalid. The court noted that Petty’s dual role indeed constituted a conflict of interest that violated Wilson's constitutional right to a fair trial. However, under the court's precedent, noncustodial plaintiffs, such as Wilson, must meet the favorable-termination requirement, even if it’s practically impossible for them to do so. The court found that it was bound by prior circuit precedent and could only affirm the lower court's decision. The court noted that only the en banc court or the United States Supreme Court could deliver a different result. The court affirmed the judgment of the lower court.
The court issued a subsequent related opinion or order on February 14, 2024.
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