Opinion
Civil Action 24-565 (UNA)
03-11-2024
KEITH D. JOHNSON, Plaintiff, v. D.C. ATTORNEY GENERAL, et al., Defendants.
MEMORANDUM OPINION
RANDOLPH D. MOSS, UNITED STATES DISTRICT JUDGE
Plaintiff, who currently is designated to the Federal Correctional Institution in Cumberland, Maryland, alleges that he was wrongly charged and convicted of a felony offense in the Superior Court of the District of Columbia. He raises a host of alleged errors in the criminal proceeding, including an alleged Miranda violation, the lack of an accurate description made by an eyewitness, and the denial of counsel during his interrogation. Plaintiff brings this action under 42 U.S.C. § 1983 and demands nominal, compensatory and punitive damages totaling $300 million.
Plaintiff's challenge to his criminal conviction fails. As the Supreme Court has held:
[I]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.Heck v. Humphrey, 512 U.S. 477, 486-487 (1994); see also Williams v. Hill, 74 F.3d 1339, 1340-41 (D.C. Cir. 1996) (applying the Heck rule to Bivens actions). Plaintiff does not allege that his conviction or sentence has been reversed or otherwise invalidated, and, therefore, he may not bring a claim for damages predicated on an allegedly improper conviction. See, e.g., Johnson v. Williams, 699 F.Supp.2d 159, 171 (D.D.C. 2010), aff'd sub nom. Johnson v. Fenty, No. 10-5105, 2010 WL 4340344 (D.C. Cir. Oct. 1, 2010); Jones v. Yanta, No. 07-1172, 2008 WL 2202219, at *1 (D.D.C. May 27, 2008).
The Court will, accordingly, grant plaintiff's application to proceed in forma pauperis (ECF No. 2) and dismiss the complaint for failure to state a claim upon which relief can be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1).
An Order is issued separately.