United States Fifth Circuit
DeLeon v. City of Corpus Christi, 05-41301
A deferred adjudication order is a conviction for the purposes of Heck v. Humphrey's favorable termination rule. In an action brought seeking damages under 42 U.S.C. section 1983 from a city and its police officer for false arrest, false imprisonment, malicious prosecution, illegal search and seizure, and use of excessive force, and raising related state-law claims, dismissal of plaintiff's complaint as barred under Heck is affirmed with modification where the district court correctly found that plaintiff's deferred adjudication by a Texas court was subject to Heck's favorable termination rule.
Appellate Information
- Decided 05/31/2007
- Published 06/01/2007
Judges
- PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Christopher J. Gale, Gale, Wilson & Sanchez, San Antonio, TX, for DeLeon., Carol Estes Bray, Sr. Asst. City Atty., Legal Dept., Corpus Christi, TX, for City of Corpus Christi., Nancy M. Simonson, Canales & Simonson, Corpus Christi, TX, for Collins.