United States Ninth Circuit

In an prisoner civil rights complaint alleging constitutional violations as a result of searches of plaintiff's home, storage shed, and workplace in 2008, that were made in connection with his criminal prosecution, the district court's dismissal is affirmed where: 1) the court properly noted that to the extent plaintiff asserted that the evidence collected during the searches caused his conviction, his claim was barred by Heck v. Humphrey, 512 U.S. 477 (1994) or by Montana's three-year statute of limitations and equitable tolling did not apply; and 2) the court acted within its discretion in assessing a strike against plaintiff pursuant to 28 U.S.C. section 1915(g), even though he had paid a docket fee.

Appellate Information

• Decided 08/05/2015
• Published 08/05/2015

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel