A damages claim is barred unless the conviction has been reversed, expunged, or invalidated, where success would necessarily imply its invalidity. Claims not implicating the conviction's validity proceed.

Application depends on the specific claim's relationship to the conviction.

Alternative Names:

Heck v. Humphrey Bar|Favorable Termination Rule

Why it Matters?

Excessive force claims frequently survive the bar because a conviction for resisting arrest does not necessarily preclude a finding that officers used excessive force during that arrest, which is the distinction plaintiffs invoke. Claims challenging the arrest's lawfulness where the plaintiff was convicted of the underlying offense are barred. Analyzing whether success would necessarily imply invalidity, rather than merely undermine the conviction, is the required inquiry.

Frequently Confused with

Related terms

Frequently asked questions

Do excessive force claims survive the bar?

Do excessive force claims survive the bar?

Frequently yes, since a resisting arrest conviction does not necessarily preclude finding the force used was excessive.

What is the required inquiry?

What is the required inquiry?

Whether success would necessarily imply invalidity, not merely whether it would undermine the conviction.