Lynch v. Nolan et al

Filing 27

OPINION. The stay is dissolved and the motion to dismiss [d/e 25] is GRANTED. The clerk is directed to enter a judgment dismissing this case without prejudice. This case is CLOSED. Entered by Judge Richard Mills on 6/8/2009. (CC, ilcd)

Monday, 08 June, 2009 04:13:26 PM Clerk, U.S. District Court, ILCD

E-FILED

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION LONNIE W. LYNCH, JR., Plaintiff, v. KEVIN P. NOLAN, CLINT HOWARD, CHARLES MCGREW, and MATTHEW S. RASNAKE, individually, and DOUGLAS COUNTY, ILLINOIS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

NO. 08-3295

OPINION RICHARD MILLS, U.S. District Judge: In a prior opinion, this Court refused to apply the bar of Heck v. Humphrey, 512 U.S. 477 (1994) because no conviction had been entered against Plaintiff Lynch. Instead, Younger abstention was applied and this case was stayed. Since then, Lynch has pled guilty and Defendants now seek outright dismissal. Lynch has not responded. A conviction does not mean that Heck bars all arrest related claims,

but only those that necessarily imply the invalidity of the conviction. See Hardrick v. City of Bolingbrook, 522 F.3d 758, 764 (7th Cir. 2008). In this case, all of Lynch's claims derive from allegations that the police statements and his own arrest and prosecution were baseless. Success on such claims would clearly undermine his conviction. Ergo, the stay is dissolved and the motion to dismiss [d/e 25] is GRANTED. The clerk is directed to enter a judgment dismissing this case without prejudice. This case is CLOSED. IT IS SO ORDERED. ENTERED: FOR THE COURT: June 8, 2009 /s Judge Richard Mills United States District Judge