Michael Moravitz v. Richard Anderson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00506-GBL-JFA. Copies to all parties and the district court. [999792210]. [15-1814]
Appeal: 15-1814
Doc: 22
Filed: 04/11/2016
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1814
MICHAEL MORAVITZ,
Plaintiff - Appellant,
v.
RICHARD ANDERSON, Officer,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:15-cv-00506-GBL-JFA)
Submitted:
February 29, 2016
Decided:
April 11, 2016
Before GREGORY, AGEE, and HARRIS, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
S. W. Dawson, DAWSON, P.L.C., Norfolk, Virginia, for Appellant.
Jamie M. Greenzweig, OFFICE OF THE COUNTY ATTORNEY, Fairfax,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1814
Doc: 22
Filed: 04/11/2016
Pg: 2 of 3
PER CURIAM:
Michael
granting
Moravitz
Richard
appeals
Anderson’s
the
motion
district
to
dismiss
court’s
order
Moravitz’s
42
U.S.C. § 1983 (2012) complaint as barred by Heck v. Humphrey,
512 U.S. 477 (1994).
Moravitz contends that his unlawful-arrest
claim is not precluded by Heck.
“We
review
de
novo
the
We agree.
district
court’s
dismissal
of
a
complaint under [Fed. R. Civ. P.] 12(b)(6) for failure to state
a claim.”
Andon, LLC v. City of Newport News, No. 14-2358, ___
F.3d
2016
___,
WL
502714,
at
*2
(4th
Cir.
2016).
“When
reviewing the district court’s action, we consider the factual
allegations in the plaintiff[’s] complaint as true.”
Id.
Under Heck, if a state prisoner’s successful § 1983 claim
“‘would necessarily imply the invalidity of his conviction or
sentence,’” the claim is not cognizable unless he demonstrates
that his conviction or sentence has been invalidated.
Young v.
Nickols, 413 F.3d 416, 419 (4th Cir. 2005) (quoting Heck, 512
U.S. at 487).
“A would-be plaintiff who is no longer in custody
may bring a § 1983 claim undermining the validity of a prior
conviction only if he lacked access to federal habeas corpus
while in custody.”
Griffin v. Balt. Police Dep’t, 804 F.3d 692,
697 (4th Cir. 2015).
Here, Moravitz’s criminal sentence only involved a monetary
fine; he was not sentenced to a term of incarceration.
2
Thus,
Appeal: 15-1814
Doc: 22
Filed: 04/11/2016
irrespective
invalidity
of
of
demonstrates
conclude
whether
Moravitz’s
that
that
Heck
his
Pg: 3 of 3
success
conviction
conviction
does
necessarily
not
bar
or
implies
whether
has
been
his
§ 1983
the
Moravitz
invalidated,
claim
we
because
Moravitz “could [not] have practicably sought habeas relief.”
Covey v. Assessor of Ohio Cty., 777 F.3d 186, 197 (4th Cir.
2015); see Leather v. Eyck, 180 F.3d 420, 424 (2d Cir. 1999).
Accordingly, we vacate the district court’s order and remand for
further proceedings consistent with this opinion.
We dispense with oral argument because the facts and legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
VACATED AND REMANDED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?