Christopher Alipui v. Brian Byerson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999650910-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999627612-2] Originating case number: 1:14-cv-00103-GBL-JFA Copies to all parties and the district court/agency. [999738647]. Mailed to: Alipui. [15-7019]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7019
CHRISTOPHER ALIPUI,
Plaintiff - Appellant,
v.
BRIAN BYERSON; JOHN DOE, White Male Officer; JOHN DOE, White
Male Officer; JOHN DOE, Duty Sergeant; JOHN DOE, Lady
Detective,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:14-cv-00103-GBL-JFA)
Submitted:
December 22, 2015
Before DUNCAN and
Circuit Judge.
KEENAN,
Decided:
Circuit
Judges,
January 20, 2016
and
DAVIS,
Senior
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Christopher Alipui, Appellant Pro Se.
Kimberly Pace Baucom,
Assistant County Attorney, Jamie Marie Greenzweig, FAIRFAX
COUNTY ATTORNEY’S OFFICE, Fairfax, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Christopher
Alipui
appeals
the
district
court’s
order
denying relief on his 42 U.S.C. § 1983 (2012) complaint.
Alipui
asserts that the district court erred in granting Defendants’
motion to dismiss.
We affirm in part, vacate in part, and
remand.
We review de novo a district court’s order dismissing a
complaint for failure to state a claim, assuming that all wellpleaded, nonconclusory factual allegations in the complaint are
true.
SD3, LLC v. Black & Decker (U.S.) Inc., 801 F.3d 412, 422
(4th Cir. 2015).
assert
factual
In order to state a claim, a complaint must
allegations
sufficient
“to
raise
a
right
to
relief above the speculative level” and have “enough facts to
state a claim to relief that is plausible on its face.”
Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007).
not
accept
facts,
the
or
legal
“accept
conclusions
unwarranted
conclusions, or arguments.”
plaintiff
draws
inferences,
Bell
We need
from
these
unreasonable
SD3, LLC, 801 F.3d at 422 (internal
quotation marks omitted).
Alipui’s claims arise from his arrest on state credit card
theft
charges.
searched
his
belongings;
Alipui
cell
and
phone
arrested
alleged
that
and
person;
him
without
2
Officer
Brian
seized
a
warrant
Byerson
his
personal
or
probable
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cause.
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The state court later entered a nolle prosequi on the
credit card charges.
Alipui then pleaded guilty, pursuant to a
written plea agreement, to federal charges of bank fraud and
aggravated
Alipui’s
identity
claims
in
theft.
the
The
present
district
case
were
court
barred
held
by
that
Heck
v.
Humphrey, 512 U.S. 477 (1994), because success on his claims
would
necessarily
imply
the
invalidity
of
his
federal
convictions.
Under Heck, if a prisoner’s successful § 1983 claim “‘would
necessarily
sentence,’”
imply
the
“‘demonstrate[s]
the
claim
is
that
the
been invalidated.’”
invalidity
not
of
his
cognizable
conviction
or
conviction
unless
the
sentence
or
prisoner
already
has
Young v. Nichols, 413 F.3d 416, 418-19 (4th
Cir. 2005) (quoting Heck, 512 U.S. at 487).
However, “civil
claims based on unreasonable searches do not necessarily imply
that
the
resulting
criminal
convictions
were
unlawful.”
Covey v. Assessor of Ohio Cnty., 777 F.3d 186, 197 (4th Cir.
2015).
“[A] civil-rights claim does not necessarily imply the
invalidity of a conviction or sentence if (1) the conviction
derives from a guilty plea rather than a verdict obtained with
unlawfully
obtained
evidence
and
(2)
plead facts inconsistent with guilt.”
3
the
Id.
plaintiff
does
not
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We conclude that on the record currently before us success
on Alipui’s claims would not necessarily imply the invalidity of
his
federal
evidence
convictions.
seized
during
Because
Alipui’s
it
is
arrest
not
on
clear
state
that
credit
the
card
theft charges was used to secure his federal convictions for
bank fraud and aggravated identity theft, success on his search
and seizure claims would not necessarily imply that his federal
convictions were invalid.
Additionally, Alipui did not plead
facts in his § 1983 complaint that are inconsistent with his
guilty pleas to the federal charges.
197.
See Covey, 777 F.3d at
Finally, success on Alipui’s claim that Byerson lacked
probable cause to arrest him for credit card theft would not
necessarily imply that his later federal convictions for bank
fraud and aggravated identity theft, for which he was separately
arrested, were invalid.
in
forma
pauperis,
Accordingly, we grant leave to proceed
vacate
the
district
court’s
dismissal
of
Alipui’s false arrest and illegal search and seizure claims, and
remand for further proceedings.
Turning to Alipui’s remaining claims, we have reviewed the
record
and
find
no
reversible
dismissal of those claims.
error
in
the
district
court’s
We therefore affirm the district
court’s order dismissing his remaining claims and denying his
motion to appoint counsel for the reasons stated by the district
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court.
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Alipui v. Byerson, No. 1:14-cv-00103-GBL-JFA (E.D. Va.
June 2, 2015).
dispense
Filed: 01/20/2016
with
contentions
are
We deny Alipui’s motion to appoint counsel and
oral
argument
adequately
because
presented
in
the
the
facts
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED
5
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