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HECK v. HUMPHREY

No. 93-6188.

512 U.S. 477 (1994)

114 S.Ct. 2364

129 L.Ed.2d 383

HECK v. HUMPHREY et al.

Supreme Court of United States.

Decided June 24, 1994.

Attorney(s) appearing for the Case

Charles Rothfeld argued the cause and filed briefs for petitioner.

Matthew R. Gutwein argued the cause for respondents. With him on the brief were Pamela Carter, Attorney General of Indiana, and Arend J. Abel and Dana Childress-Jones, Deputy Attorneys General.*

Scalia, J., delivered the opinion of the court, in which Rehnquist, C.J., and Kennedy, Thomas, and Ginsburg, JJ., joined. Thomas, J., filed a concurring opinion, p. 490. Souter, J., filed an opinion concurring in the judgment, in which Blackmun, Stevens, and O'Connor, JJ., joined, p. 491.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether a state prisoner may challenge the constitutionality of his conviction in a suit for damages under 42 U. S. C. § 1983.

I

Petitioner Roy Heck was convicted in Indiana state court of voluntary manslaughter for the killing of Rickie Heck, his wife, and is serving a 15-year sentence in an Indiana prison. While the appeal from his conviction was pending, petitioner...

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