Benjamin v. Harrison County et al

Filing 19

ORDER granting 16 Motion to Dismiss filed by Harrison County. Signed by Chief District Judge Louis Guirola, Jr., on 12/2/2014. (BR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
TERENCE B. BENJAMIN, SR.

PLAINTIFF

v.

CAUSE NO. 1:14CV115-LG-JCG

HARRISON COUNTY and
STATE OF MISSISSIPPI

DEFENDANTS

ORDER GRANTING MOTION TO DISMISS
FILED BY HARRISON COUNTY
BEFORE THE COURT is the Motion to Dismiss [16] filed by Harrison
County. Terence B. Benjamin, Sr., has not filed a response in opposition to the
Motion and the deadline for filing a response has expired. After reviewing the
Motion, the record in this matter, and the applicable law, the Court finds that
Benjamin’s claims against Harrison County should be dismissed pursuant to Heck
v. Humphrey, 512 U.S. 477 (1994).
BACKGROUND
Terence B. Benjamin, Sr., pled guilty to felony driving under the influence in
the First Judicial District of the Circuit Court of Harrison County, Mississippi. In
an Order entered on November 16, 2010, Benjamin was sentenced to five years
imprisonment with two years suspended, leaving three years to serve. The court
further ordered that Benjamin would not be released from prison until he
successfully completed the Long Term Drug and Alcohol Rehabilitation Program.
In a separate cause number, Benjamin was re-sentenced on March 12, 2012, to
eight years imprisonment to run consecutive to the sentence imposed in the
November 16, 2010 Order.

On March 6, 2014, Benjamin filed the present lawsuit against Harrison
County and the State of Mississippi, claiming that the November 16, 2010 Order
was illegal, because it was incorrect and incomplete. He also claimed that the
March 12, 2012 re-sentencing was improper, because he was not represented by
counsel at the re-sentencing hearing. As a result of these alleged issues, Benjamin
claims that he was “lost in the system,” and he seeks $25,000,000 in damages.
There is no indication that Benjamin filed an appeal or a petition for habeas corpus
related to either conviction or sentence. Based on the address that Benjamin
submitted to the Court and a search of the Mississippi Department of Corrections
inmate directory, it appears that Benjamin has been released from custody.
Harrison County has filed a Motion seeking dismissal pursuant to Heck v.
Humphrey, 512 U.S. 477 (1994).
DISCUSSION
In Heck v. Humphrey, the Supreme Court stated:
We hold that, in 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, 28 U.S.C. § 2254. A claim for damages bearing
that relationship to a conviction or sentence that has not been so
invalidated is not cognizable under § 1983.
Heck, 512 U.S. at 487 (internal footnotes omitted). The Fifth Circuit has
determined that the holding in Heck v. Humphrey applies even where the plaintiff
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is no longer incarcerated and thus no longer able to file a habeas petition. Randell
v. Johnson, 227 F.3d 300, 301 (5th Cir. 2000).
In the present case, Benjamin asks this Court to hold that the sentences
imposed against him were illegal, and his request for monetary damages is
contingent on a determination that the sentences were illegal. Furthermore,
Benjamin has not demonstrated that either of the convictions or sentences at issue
has been invalidated. As a result, Benjamin’s lawsuit against Harrison County is
barred by Heck v. Humphrey.1
CONCLUSION
Since Benjamin’s lawsuit against Harrison County is barred by Heck v.
Humphrey, his claims against Harrison County must be dismissed with prejudice.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion to
Dismiss [16] filed by Harrison County is GRANTED. Terence Benjamin’s claims
against Harrison County are hereby DISMISSED WITH PREJUDICE.
SO ORDERED AND ADJUDGED this the 2nd day of December, 2014.
s/

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief United States District Judge

1

Even if Benjamin’s Complaint could be construed as a habeas corpus
petition, there is no indication that Benjamin exhausted his state court remedies
prior to filing this lawsuit. As a result, any habeas corpus petition filed by
Benjamin should be dismissed as well. See 28 U.S.C. § 2254(b)(1)(A).
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