United States Ninth Circuit

Dismissal of plaintiff's civil rights action involving a constitutional challenge to the imposition and enforcement of two conditions of plaintiff’s parole: a residency restriction and a requirement that plaintiff submit to electronic monitoring using a Global Positioning System device, is reversed and remanded, where: 1) an action which challenges the conditions of parole is not barred by Heck v. Humphrey if it is not a collateral attack on either the fact of a parolee's confinement as a parolee or the parolee's underlying conviction or sentence; and 2) because plaintiff's action was not such an attack, Heck did not bar plaintiff from proceeding under 42 U.S.C. section 1983.

Appellate Information

• Decided 07/31/2013
• Published 07/31/2013

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel