Heck Doctrine (Favorable Termination)

What It Is

Under Heck v. Humphrey, 512 U.S. 477 (1994), a § 1983 claim is barred if success on the claim would necessarily imply the invalidity of an existing criminal conviction or sentence.

In plain terms: if you were convicted, and winning your § 1983 case would mean the conviction was wrongful, you have to get the conviction overturned first (through appeal, habeas corpus, or executive clemency) before you can sue.

How It Works

The court asks: Would a judgment in the plaintiff’s favor necessarily imply that the conviction or sentence was invalid?

• Yes → Claim is barred until the conviction is reversed or expunged
• No → Claim can proceed

Examples

Barred by Heck:

• You were convicted of resisting arrest. You sue claiming the arrest was unlawful. If the arrest was unlawful, there was nothing lawful to resist — implying the conviction was invalid. Barred.
• You were convicted of drug possession. You sue claiming the search was illegal. If the search was illegal, the evidence that convicted you was obtained unlawfully. Barred.

Not barred by Heck:

• You were convicted of assault. You sue claiming officers used excessive force during the arrest. You can admit you committed assault but still claim the officers beat you beyond what was necessary. Winning doesn’t imply the conviction was invalid.
• Your charges were dropped or dismissed. Heck only applies when there’s an existing conviction. No conviction = no Heck bar.

The Practical Impact

Heck creates a painful sequence for people wrongfully convicted:

1. Get arrested and charged based on police misconduct
2. Get convicted (maybe by plea deal, maybe at trial)
3. Want to sue under § 1983 → blocked by Heck
4. Must first overturn the conviction (appeal, habeas) → takes years
5. Statute of limitations may have run by the time you succeed
6. Even if tolled, you’re now years removed from the incident

For people who pled guilty (often on bad advice, to get out of jail), Heck is devastating. The plea creates the conviction that bars the § 1983 suit.

What About Charges That Were Dismissed?

If your criminal case ended in your favor — acquittal, dismissal, nolle prosequi — Heck doesn’t apply. There’s no conviction to invalidate. You can sue immediately.

This is why the outcome of the criminal case matters so much for your civil rights claim.

Key Cases

• Heck v. Humphrey, 512 U.S. 477 (1994) — Can’t sue if success implies invalid conviction
• Wallace v. Kato, 549 U.S. 384 (2007) — SOL accrual for false arrest claims and Heck interaction
• McDonough v. Smith, 588 U.S. 109 (2019) — Fabricated evidence claim accrues when criminal proceedings terminate favorably