PER CURIAM
MUHAMMAD V. CLOSE
540 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
SHAKUR MUHAMMAD, aka JOHN E. MEASE, PETITIONER
v. MARK CLOSE
on writ of certiorari to the united states court of
appeals for the sixth circuit
[February 25, 2004]
Per Curiam.
I
Federal law opens two main
avenues to relief on complaints related to imprisonment: a petition
for habeas corpus, 28 U. S. C. §2254, and a complaint under
the Civil Rights Act of 1871, Rev. Stat. §1979, as amended, 42 U.
S. C. §1983. Challenges to the validity of any confinement or
to particulars affecting its duration are the province of habeas
corpus,
Preiser v.
Rodriguez,
411 U. S. 475, 500 (1973); requests
for relief turning on circumstances of confinement may be presented
in a §1983 action. Some cases are hybrids, with a prisoner seeking
relief unavailable in habeas, notably damages, but on allegations
that not only support a claim for recompense, but imply the
invalidity either of an underlying conviction or of a particular
ground for denying release short of serving the maximum term of
confinement. In
Heck v.
Humphrey,
512 U. S. 477 (1994), we
held that where success in a prisoner’s §1983 damages action would
implicitly question the validity of conviction or duration of
sentence, the litigant must first achieve favorable termination of
his available state, or federal habeas, opportunities to challenge
the underlying conviction or sentence. Accordingly, in
Edwards v.
Balisok,
520 U. S. 641 (1997), we
applied
Heck in the circumstances of a §1983 action
claiming damages and equitable relief for a procedural defect in a
prison’s administrative process, where the administrative action
taken against the plaintiff could affect credits toward release
based on good-time served. In each instance, conditioning the right
to bring a §1983 action on a favorable result in state litigation
or federal habeas served the practical objective of preserving
limitations on the availability of habeas remedies. Federal
petitions for habeas corpus may be granted only after other avenues
of relief have been exhausted. 28 U. S. C. §2254(b)(1)(A). See
Rose v
. Lundy,
455 U. S. 509 (1982).
Prisoners suing under §1983, in contrast, generally face a
substantially lower gate, even with the requirement of the Prison
Litigation Reform Act of 1995 that administrative opportunities be
exhausted first. 42 U. S. C. §1997e(a).
Heck’s requirement to
resort to state litigation and federal habeas before §1983 is not,
however, implicated by a prisoner’s challenge that threatens no
consequence for his conviction or the duration of his
sentence.[
Footnote 1] There is
no need to preserve the habeas exhaustion rule and no impediment
under
Heck in such a case, of which this is an
example.[
Footnote 2]
II
A
This suit grew out of a
confrontation between petitioner, Muhammad, an inmate, and the
respondent Michigan prison official, Close. App. 70. According to
his amended complaint, Muhammad was eating breakfast when he saw
Close “staring at him through the hallway window.”
Id., at
71. Eventually Muhammad stared back, provoking Close to assume “a
fighting stance” and “com[e] into the dining area at a fast pace
with his face contorted.”
Ibid. Muhammad stood up and
faced him, and when the two were within a foot of one another,
Close asked, “whats
[sic] up,” all the while “staring
angerly
[sic].” In the aftermath of the confrontation,
Muhammad was handcuffed, taken to a detention cell, and charged
with violating the prison rule prohibiting “Threatening
Behavior.”[
Footnote 3] Under
the rules, special detention was required prior to a hearing on the
charge, which occurred six days later. Muhammad was acquitted of
threatening behavior, but found guilty of the lesser infraction of
insolence, for which prehearing detention would not have been
mandatory.[
Footnote 4]
Ibid. Muhammad was required to serve an additional 7 days
of detention and deprived of privileges for 30 days as penalties
for insolence.
Ibid.
Muhammad then brought this
§1983 action, alleging that Close had charged him with threatening
behavior (and subjected him to mandatory prehearing lockup) in
retaliation for prior lawsuits and grievance proceedings against
Close. Id., at 72. He amended his original complaint after
obtaining counsel, and neither in his amended complaint nor at any
subsequent juncture did Muhammad challenge his conviction for
insolence, or the subsequent disciplinary action. See Brief for
Petitioner 42. The amended complaint sought no expungement of the
misconduct finding, and in fact Muhammad conceded that the
insolence determination was justified. The only relief sought was
$10,000 in compensatory and punitive damages “for the physical,
mental, and emotional injuries sustained” during the six days of
prehearing detention mandated by the charge of threatening behavior
attributable to Close’s retaliatory motive. App. 72.
Following discovery, the Magistrate Judge
recommended summary judgment for Close on the ground that Muhammad
had failed to come forward with sufficient evidence of retaliation
to raise a genuine issue of material fact as to that element.
Id., at 63. The District Court adopted the recommendation.
Id., at 70.
B
Muhammad then appealed to the
United States Court of Appeals for the Sixth Circuit, which, by an
opinion designated not for publication, affirmed the summary
judgment for Close, though not on the basis recommended by the
Magistrate Judge and adopted by the District Court. 47 Fed. Appx.
738 (2002). Instead of considering the conclusion that Muhammad had
produced inadequate evidence of retaliation, a ground that would
have been dispositive if sustained, the Court of Appeals held the
action barred by
Heck because Muhammad had sought, among
other relief, the expungement of the misconduct charge from the
prison record. Relying upon Circuit precedent, see
Huey
v
. Stine, 230 F. 3d 226 (2000), the Court of Appeals
held that an action under §1983 to expunge his misconduct charge
and for other relief occasioned by the misconduct proceedings could
be brought only after satisfying
Heck’s favorable
termination requirement. The Circuit thus maintained a split on the
applicability of
Heck to prison disciplinary proceedings
in the absence of any implication going to the fact or duration of
underlying sentence, four Circuits having taken the contrary view.
See
Leamer v
. Fauver, 288 F. 3d 532, 542–544
(CA3 2002);
DeWalt v
. Carter, 224 F. 3d 607,
613 (CA7 2000);
Jenkins v
. Haubert, 179
F. 3d 19, 27 (CA2 1999);
Brown v
. Plaut, 131
F. 3d 163, 167–169 (CADC 1997). We granted certiorari to
resolve the conflict,
539 U. S. 925 (2003),
and now reverse.
III
The decision of the Court of
Appeals was flawed as a matter of fact and as a matter of law. Its
factual error was the assumption that Muhammad sought to expunge
the misconduct charge from his prison record. The court simply
overlooked the amended complaint that sought no such relief.
The factual error was compounded
by following the mistaken view expressed in Circuit precedent that
Heck applies categorically to all suits challenging prison
disciplinary proceedings. But these administrative determinations
do not as such raise any implication about the validity of the
underlying conviction, and although they may affect the duration of
time to be served (by bearing on the award or revocation of
good-time credits) that is not necessarily so. The effect of
disciplinary proceedings on good-time credits is a matter of state
law or regulation, and in this case, the Magistrate expressly found
or assumed that no good-time credits were eliminated by the
prehearing action Muhammad called in question. 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.
IV
Close tries to salvage the
appellate court’s judgment by arguing for the first time here that
Heck is squarely on point because, if the §1983 suit
succeeded, Muhammad would be entitled to restoration of some
good-time credits with the result of less time to be spent in
prison. Brief for Respondent 17–18. But this eleventh-hour
contention was waived. The Magistrate’s report stated that
good-time credits were not affected by the allegedly retaliatory
overcharge of threatening behavior and the consequential prehearing
detention Muhammad complained of, and Close had every opportunity
to challenge the Magistrate’s position in the District Court and in
the Court of Appeals. Having failed to raise the claim when its
legal and factual premises could have been litigated, Close cannot
raise it now. See
Auer v
. Robbins,
519 U. S. 452, 464
(1997).
The judgment of the Court of
Appeals is accordingly reversed, and the case is remanded for
consideration of summary judgment on the ground adopted by the
District Court, and for any further proceedings consistent with
this opinion.
It is so ordered.
Footnote 1
The assumption is that the incarceration that
matters under
Heck is the incarceration ordered by the
original judgment of conviction, not special disciplinary
confinement for infraction of prison rules. This Court has never
followed the speculation in
Preiser v.
Rodriguez, 411 U. S. 475, 499 (1973), that such a
prisoner subject to “additional and unconstitutional restraint”
might have a habeas claim independent of §1983, and the contention
is not raised by the State here.
Footnote 2
Members of the Court have expressed the view
that unavailability of habeas for other reasons may also dispense
with the
Heck requirement. See 512 U. S., at 491 (Souter,
J., concurring in judgment);
Spencer v
. Kemna,
523 U. S. 1, 21–22
(1998) (Ginsburg, J., concurring). This case is no occasion to
settle the issue.
Footnote 3
The Michigan Department of Corrections Policy
Directive, No. 03.03.105 (June 6, 1994) (Directive) defines
“Threatening Behavior” as “Words, actions or other behavior which
expresses a[n] intent to injure or physically abuse another
person.” App. 40.
Footnote 4
The Directive defines “Insolence” as “Words,
actions, or other behavior which is intended to harass, or cause
alarm in an employee.”
Id., at 44.
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