Opinion
CIVIL ACTION NO: 00-3441.
April 2, 2002
ORDER AND REASONS
Before the undersigned is the motion of the defendants, Deputy Ryan Wuerz and Deputy Benjamin Sadowski, for summary judgment on the remaining claim of the plaintiff, Reginald Small ("Small"). Rec. doc. 25. Small seeks damages pursuant to 42 U.S.C. § 1983. The procedural background and Small's allegations are described in the undersigned's prior order and reasons. Rec. doc. 24. In that order Small's claims against Rodney J. Strain, Jr., Sheriff of St. Tammany Parish ("Sheriff Strain"), and Deputy Frank Caminta were dismissed with prejudice. Small's claim that Deputies Wuerz and Sadowski used pepper spray in violation of his constitutional rights was granted. The only claim remaining against these two deputies is the allegation that they used excessive force in violation of Small's constitutional rights after his arrest by Louisiana State Troopers and after he was brought to the St. Tammany Parish Sheriffs office. Small alleges he was beaten by these two deputies while he was handcuffed, but he has submitted no evidence in support of this allegation. The deputies have submitted affidavits disputing this allegation.
The deputies also show that following Small's arrest he was charged in one misdemeanor bill of information with: (1) operating a vehicle while intoxicated; (2) careless operation of a motor vehicle; and (3) battery of a police officer. Exhibit 1 to Rec. doc. 25. In a second misdemeanor bill of information he was charged with one count of battery on Deputy Wuerz, one count of battery on Deputy Sadowski and two other counts of battery on police officers. Exhibit 2 to Rec. doc. 25. In response to the first bill of information Small pled guilty to operating a vehicle while intoxicated and no contest to battery of a police officer. The State nolle prossed the charge of careless operation of a motor vehicle. Exhibit 3 to Rec. doc. 25. In response to the second bill of information Small pled no contest to all four counts, including the batteries on Deputy Wuerz and Deputy Sadowski, and sentence was imposed. Exhibit 4 to Rec. doc. 25.
In Heck v. Humphrey, 114 S.Ct. 2364 (1994) the Supreme Court held that:
[W]hen a state prisoner seeks damages in a § 1983 suit, the district court must consider whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated.Id. at 114 S.Ct. at 2364. In Sappington v. Bartee, 195 F.3d 234 (5th Cir. 1999), and Hudson v. Hughes, 98 F.3d 868 (5th Cir. 1996), the Fifth Circuit held Heck barred the plaintiffs' § 1983 claims alleging excessive force. Small's argument that Heck only applies to a plaintiffs claim for malicious prosecution is without merit.
In Hudson the Fifth Circuit reasoned that the plaintiffs excessive force claim was barred because it necessarily implied the invalidity of his conviction under Louisiana law. 98 F.3d at 873. The plaintiff inHudson was convicted of battery on an officer. Small has been convicted of batteries on Deputies Wuerz and Sadowski. Small claims that Wuerz and Sadowski used excessive force when he was brought to the St. Tammany Parish Sheriffs office. If Small's allegations were proved, they necessarily would imply the invalidity of his conviction for battery on these two deputies. In considering the same issue in Hudson the Fifth Circuit said:
This is true because the question whether the police applied reasonable force in arresting him depends in part on the degree of his resistance, which in turn will place in issue whether his resistance (the basis of this conviction for assaulting a police officer) was justified, which, if it were, necessarily undermines that conviction.Hudson, 98 F.3d at 873. Small's only response is that his plea of no contest cannot be used against him in a civil suit pursuant to Fed.R.Evid. 410. This is without merit. In Watson v. City of New Orleans, 2000 WL 354399 (E.D.La.) (Schwartz, J.), the plaintiffs plea of nolo contendere on three counts, including battery on a police officer, was used to defeat plaintiffs § 1983 claims for false arrest and excessive use of force pursuant to Heck and Hudson.
The Fifth Circuit has held that Heck dismissal orders are "with prejudice to their being asserted again until the Heck conditions are met." Johnson v. McElveen, 101 F.3d 423 (5th Cir. 1996).
IT IS ORDERED that the motion of Deputy Ryan Wuerz and Deputy Benjamin Sadowski for summary judgment (Rec. doc. 25) is GRANTED and Small's claim that these defendants employed excessive force in violation of his constitutional rights is dismissed with prejudice to its being asserted again until the Heck conditions are met.