United States Ninth Circuit

Dismissal of a 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) such an action is not barred by Heck v. Humphrey, 512 U.S. 477, 487 (1994) 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 is not such an attack, plaintiff's action can proceed under 42 U.S.C. section 1983. (Amended opinion)

Appellate Information

• Decided 02/18/2014
• Published 02/18/2014

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel