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  • James D. Haburn, Sr. v. Joel Brewer, District Attorney Detective Ragan Detective Perkins, 73 F.3d 357, 4th Cir. (1996)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding a Section 1983 complaint filed by James D. Haburn, Sr. against several defendants. The district court had denied relief on Haburn's complaint. The appellate court affirmed the district court's dismissal of Haburn's damages claim based on precedent that such claims cannot proceed if granting relief would imply the invalidity of a conviction. While the district court did not address Haburn's requests for declaratory and injunctive relief, the appellate court noted that to the extent this was a habeas action, Haburn would need to demonstrate exhaustion of state court remedies. The appellate court modified the lower court's judgment to a dismissal without prejudice, allowing Hab

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    Filed: 1996-01-02 Precedential Status: Precedential Citations: 73 F.3d 357 Docket: 95-7336

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding a Section 1983 complaint filed by James D. Haburn, Sr. against several defendants. The district court had denied relief on Haburn's complaint. The appellate court affirmed the district court's dismissal of Haburn's damages claim based on precedent that such claims cannot proceed if granting relief would imply the invalidity of a conviction. While the district court did not address Haburn's requests for declaratory and injunctive relief, the appellate court noted that to the extent this was a habeas action, Haburn would need to demonstrate exhaustion of state court remedies. The appellate court modified the lower court's judgment to a dismissal without prejudice, allowing Hab

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    Public Domain
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    1 views2 pages

    James D. Haburn, Sr. v. Joel Brewer, District Attorney Detective Ragan Detective Perkins, 73 F.3d 357, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding a Section 1983 complaint filed by James D. Haburn, Sr. against several defendants. The district court had denied relief on Haburn's complaint. The appellate court affirmed the district court's dismissal of Haburn's damages claim based on precedent that such claims cannot proceed if granting relief would imply the invalidity of a conviction. While the district court did not address Haburn's requests for declaratory and injunctive relief, the appellate court noted that to the extent this was a habeas action, Haburn would need to demonstrate exhaustion of state court remedies. The appellate court modified the lower court's judgment to a dismissal without prejudice, allowing Hab

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    of 2

    73 F.

    3d 357
    NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    James D. HABURN, Sr., Plaintiff--Appellant,


    v.
    Joel BREWER, District Attorney; Detective Ragan; Detective
    Perkins, Defendants--Appellees.
    No. 95-7336.

    United States Court of Appeals, Fourth Circuit.


    Submitted Nov. 30, 1995.
    Decided Jan. 2, 1996.

    James D. Haburn, Sr., Appellant Pro Se. Jacob Leonard Safron, Special
    Deputy Attorney General, Raleigh, North Carolina; James Anthony Penry,
    WYRICK, ROBBINS, YATES & PONTON, Raleigh, North Carolina, for
    Appellees.
    Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's order denying relief on his 42 U.S.C.
    Sec. 1983 (1988) complaint. We have reviewed the record and the district
    court's opinion accepting the magistrate judge's recommendation and find no
    reversible error. Accordingly, we affirm substantially on the reasoning of the
    district court. Haburn v. Brewer, No. CA-93-317-1 (M.D.N.C. July 31, 1995).
    We agree that, with respect to Appellant's damages claim, the district court
    properly dismissed that claim. See Heck v. Humphrey, --- U.S. ----, ----, 62
    U.S.L.W. 4594, 4597 (U.S. June 24, 1994) (No. 93-6188). Further, although the
    district court did not address Appellant's request for declaratory and injunctive
    relief, to the extent that this action is properly construed as a habeas corpus
    action, Appellant must demonstrate that he has exhausted state court remedies.
    See Preiser v. Rodriguez, 411 U.S. 475, 489 (1973); Hamlin v. Warren, 664

    F.2d 29 (4th Cir.1981), cert. denied, 455 U.S. 911 (1982). Because Appellant
    may refile his action if his conviction ever is overturned or called into question
    by the appropriate court or upon the exhaustion of state remedies, we modify
    the judgment to be a dismissal without prejudice. See 28 U.S.C. Sec. 2106
    (1988). We dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the court and argument would
    not aid the decisional process.
    2

    AFFIRMED AS MODIFIED.

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