Holmes v. Pollock
OPINION on Dismissal. Holmes fails to state a claim recognized at law under Heck. Holmes is not entitled to declaratory relief or any other relief. This case will be dismissed. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
United States District Court
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OFSouthern District of Texas
CHARLES WOMBA HOLMES,
January 24, 2017
David J. Bradley, Clerk
CIVIL ACTION H-16-3521
Opinion on Dismissal
Charles Holmes sues John Pollock for civil rights violations. 42 U.S.C. § 1983.
Pollock is a Brazos County Sheriffs Detective. Holmes moves to proceed as a pauper. 28
u.S.C. § 1915.
Holmes states he was wrongly arrested under the events he describes in his original
complaint, which led to his imprisonment in a Texas prison. Holmes says Pollock illegally
used Texas Penal Code section 16.02(c)(3)(A) to record a sixteen-year-old minor without
parental permission. He contends Pollock took advantage of the vagueness and ambiguity
in the wiretap statute in his seizure of Holmes's conversation with the minor.
Holmes maintains Pollock denied him his Fourth Amendment right against
unreasonable seizures. He says the statute allowed Pollock to wiretap a minor without
parental permission and seize his words in his conversation with the minor. Holmes argues
his due process rights were violated due to the vagueness and ambiguity of the language in
the wiretap statute. He also claims Pollock violated his right to be free of unreasonable
seizures. Holmes seeks declaratory relief.
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 of a conviction or custody. Kutzner v. Montgomery County, 303 F.3d
339,340-41 (5th Cir. 2002). Holmes's claims implicate the validity of his extended custody.
There is no showing that a court has invalidated his confinement. The holdings in Heck and
Kutzner preclude and bar any civil rights relief. Holmes fails to state a claim recognized at
law under Heck. Holmes is not entitled to declaratory relief or any other relief. This case
will be dismissed.
The clerk will send a copy to the Clerk for the Eastern District of Texas, 211 West
Ferguson, Tyler, Texas 75702, Three-Strikes List, and to the Inmate Trust Fund, P.O. Box
629, Huntsville, Texas 77342-0629, Fax: 936-437-4793.
Signed on January
,2017, at Houston, Texas.
United States District Judge
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