Young v. Anderson

Filing 5

OPINION OF DISMISSAL. Young fails to state a claim recognized at law under Heck. This case will be dismissed. (Signed by Judge Lynn N. Hughes) Parties notified.(amwilliams, 4)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

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JA VARROW YOUNG,
HCJ 2426649,
Plaintiff,

versus
DEVON ANDERSON.
Defendant.

CIVIL ACTION H-15-1052

Opinion on Dismissal
Javarrow Young sues Harris County prosecutor Devon Anderson for civil rights violations. 42
U.S.c. § 1983. He moves to proceed as a pauper. 28U.S.C. § 1915. Young is held in the Harris County
Jail under a charge of assaulting Ray Hopson. Ten days after he brought charges, Hopson told authorities
he had lied. The charges were dropped. Later, he made a formal, written confession admitting that he had
lied and signed papers to drop the charges. Young was nonetheless indicted on March 9, 2015. Hopson
never went before a grand for his lies nor to give testimony which would exonerate Young and punish the
accuser for filing a false police report. Young seeks dismissal of the charges and inj unctive relief because
a "false police report" was filed against him.
A civil rights claim for damages which challenges the validity of a conviction or custody cannot
proceed unless the conviction or confinement has been held invalid. Heck v. Humphrey, 512 U. S. 477,487

(1994). Heck applies to claims for injunctive relief that imply the invalidity ofa conviction or custody.
Kutzner v. Montgomery County, 303 F.3d 339, 340-41 (5th Cir. 2002). Young's claims implicate the
validity of his extended custody. There is no showing his confinement has been invalidated. The holdings
in Heck and Kutzner bar Young's claims and his requests for relief.
Young fails to state a claim recognized at law under Heck. This case will be dismissed.

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Signed May _____ ,2015, at Houston, Texas .

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Lynn N. Hughes
United States District Judge