Maloley v. Central Nebraska Public Power & Irrigation DistrictAnnotate this Case
The Supreme Court affirmed the judgment of the district court finding in favor of Defendants and dismissing Plaintiff's 42 U.S.C. 1983 action, holding that, under the doctrine set forth in Heck v. Humphrey, 512 U.S. 477 (1994), Plaintiff's claims were not cognizable under section 1983.
Plaintiff moved out of the Johnson Lake area after harassment protection orders were issued against him. Although Plaintiff was given a "ban notice" he repeatedly trespassed, Plaintiff received two convictions for trespass. In the instant complaint, Plaintiff allegedly that he was unconstitutionally excluded from the Johnson Lake area in that he could not travel or reside there or engage in recreation and his occupation. The district court found in favor of Defendants on all claims. The Supreme Court affirmed, holding that Plaintiff's convictions for trespassing were fundamentally inconsistent with the various civil claims alleged in his complaint, and therefore, Plaintiff's section 1983 claims were not cognizable under the Heck doctrine.