Hawes v. Berberian et al
Filing
4
ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 10/26/2017. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 10/26/2017)
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
TERRY RAY HAWES,
6
Case No. 17-cv-05566-WHO (PR)
Plaintiff,
7
ORDER OF DISMISSAL
v.
8
EDWARD S. BERBERIAN, et al.,
9
Defendants.
10
United States District Court
Northern District of California
11
For the fourth time this year, plaintiff Terry Hawes seeks relief for injuries allegedly
12
13
caused by his 2009 state convictions for rape and other crimes. In two of the civil rights
14
actions, he attempted to sue the governor (whose connection to Hawes’s convictions
15
plaintiff never established) and the trial judge who presided over his criminal trial (who is
16
absolutely immune from civil liability for damages for acts performed in a judicial
17
capacity).1 The third was dismissed because Hawes failed to pay the filing fee or submit a
18
complete application to proceed in forma pauperis.2 In the fourth and present action, he
19
sues the district attorney and an assistant district attorney for being part of a conspiracy to
20
deprive him of a constitutionally fair trial.
As with the prior two actions, the current 42 U.S.C. § 1983 suit is barred by Heck v.
21
22
Humphrey, 512 U.S. 477 (1994). As was made clear in two prior dismissal orders, Heck
23
bars section 1983 actions for damages for an allegedly unconstitutional conviction or
24
imprisonment, or for other harm caused by actions whose unlawfulness would render a
25
conviction or sentence invalid. Id. at 486-487. When a state prisoner seeks damages in a
26
27
1
Hawes v. Brown, 17-cv-02400-WHO; and Hawes v. Brown, 17-cv-05166-WHO.
28
2
Hawes v. State of California, 17-cv-01168-WHO.
1
section 1983 suit, the district court must therefore consider whether a judgment in favor of
2
the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it
3
would, the complaint must be dismissed unless the plaintiff can demonstrate that the
4
conviction or sentence has already been invalidated. Id. at 487. The Heck bar applies here
5
because a judgment that defendants were part of a conspiracy to violate his right to a fair
6
trial would necessarily imply the invalidity of his convictions and sentence.
7
The Heck bar can be avoided if a plaintiff can prove that the conviction or sentence
8
has been reversed on direct appeal, expunged by executive order, declared invalid by a
9
state tribunal authorized to make such determination, or called into question by a federal
10
court’s issuance of a writ of habeas corpus. Id.
United States District Court
Northern District of California
11
Hawes has made no showing that Heck does not bar his case.
12
The action is also barred because a state prosecuting attorney enjoys absolute
13
immunity from damages liability under 42 U.S.C. § 1983 for his conduct in “pursuing a
14
criminal prosecution” insofar as he acts within his role as an “advocate for the State” and
15
his actions are “intimately associated with the judicial phase of the criminal process.”
16
Imbler v. Pachtman, 424 U.S. 409, 430-31 (1976). Pursuing criminal charges against
17
Hawes are without doubt acts performed in the district attorney’s and assistant district
18
attorney’s roles as advocates for the state.
19
Accordingly, this action is DISMISSED with prejudice.
20
21
22
23
24
CONCLUSION
This federal civil rights action is DISMISSED with prejudice. The Clerk shall enter
judgment in favor of defendants, and close the file.
IT IS SO ORDERED.
Dated: October 26, 2017
_________________________
WILLIAM H. ORRICK
United States District Judge
25
26
27
28
2
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?