Kristy Cunningham v. Leona Bates, No. 17-1523 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Gruender and Benton, Circuit Judges] Civil case - Civil rights. The district court did not err in concluding plaintiff's claim for damages was barred under Heck v. Humphrey, 512 U.S. 477 (1994). [ October 27, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1523 ___________________________ Kristy Cunningham lllllllllllllllllllll Plaintiff - Appellant v. Leona Bates, in her Individual Capacity; Dennis Smith, in his Individual Capacity; David Kennedy, in his Individual Capacity; Daniel R. Bullock, in his Individual Capacity; Spring Henson Gray, in her Individual Capacity; Donald Duncan, in his Individual Capacity; Rick Baker, in his Individual Capacity; The City of Farmington, Missouri; St. Francois County, Missouri lllllllllllllllllllll Defendants - Appellees Police Officer John Doe, City of Farmington Police Officer lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 18, 2017 Filed: October 30, 2017 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Kristy Cunningham appeals after the district court1 adversely granted judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), in her 42 U.S.C. § 1983 action. Upon de novo review, see Montin v. Moore, 846 F.3d 289, 293 (8th Cir. 2017) (reviewing de novo a grant of a Rule 12(c) motion), we conclude that the district court properly determined that Cunningham’s claims for damages were barred under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) (stating that if a judgment in favor of the plaintiff would necessarily imply the invalidity of a conviction or sentence, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the Eastern District of Missouri. -2-
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