United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging that defendant-officer violated plaintiff's Fourth Amendment rights by using deception to gain entry into his motel room and arresting him without a warrant, summary judgment for defendant is reversed where the district court erred in applying Heck to bar the action. A conviction on unrelated charges cannot form the basis for the application of Heck where there is no challenge to such conviction in the section 1983 action.

Appellate Information

• Decided 04/17/2007
• Published 04/18/2007

Judges

• BRORBY, Circuit Judge., Before LUCERO, BRORBY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Philip C. Butler, Plaintiff-Appellant, Pro se.


• For Appellees:
  
• Patricia K. Kelly, City Attorney, Lori Miskel, Senior Attorney, Office of the City Attorney, Colorado Springs, CO, for Defendant-Appellee.