Heck v. Humphrey & Section 1983

Muhammad v. Close makes clear that the Heck v. Humphrey bar against Section 1983 claims applies only where the action attacks the underlying conviction or determination of actual confinement time. (Slip Opinion at 4-5)("His §1983 suit challenging this action could not therefore be construed as seeking a judgment at odds with his conviction or with the State’s calculation of time to be served in accordance with the underlying sentence. That is, he raised no claim on which habeas relief could have been granted on any recognized theory, with the consequence that Heck’s favorable termination requirement was inapplicable.")