Civil Rights & Constitutional Law
City of Lakewood and Lakewood Library sued after police officer attacks minor and dislocates her...
June 5, 2017
It might. Under a U.S. Supreme Court case called Heck v. Humphrey, 512 U.S. 477 (1994), you generally cannot bring a civil-rights lawsuit that would imply your criminal conviction is invalid—unless that conviction has already been overturned, vacated, or set aside.
That rule can sometimes block an excessive-force claim. But not always. It depends on what you were convicted of and what, exactly, you claim the police did and when in the interaction with police.
In Heck v. Humphrey, the Supreme Court held that a person cannot use a civil-rights lawsuit (under 42 U.S.C. § 1983) to collaterally attack a criminal conviction.
To put it simply, if winning your civil case would necessarily mean that your criminal conviction must have been wrong, the civil case is barred—unless and until the conviction is overturned on appeal, in post-conviction proceedings, or by some other legal process.
This rule applies to:
Some criminal convictions logically depend on the police having acted lawfully. If your civil lawsuit would require a court or jury to find that the officers used unlawful force in a way that contradicts your conviction, Heck may bar the case.
But some excessive-force claims do not necessarily contradict a conviction.
The key question is this:
Would proving your excessive-force claim necessarily imply that your criminal conviction is invalid?
If the answer is yes, the claim is likely barred by the Heck case.
If the answer is no, the claim may still go forward.
Example 1: Likely barred by Heck
Suppose you plead guilty to assaulting an officer, and the conviction necessarily means the officer was lawfully using force to subdue you.
If your civil lawsuit would require proving that you did not assault the officer or that the officer had no right to use force at all, then winning your civil case would probably contradict your conviction. The Heck case often bars that kind of claim.
Example 2: Sometimes not barred by Heck
Suppose you plead guilty to resisting arrest. That does not automatically give police a free pass to use unlimited force throughout the entire encounter.
If your claim is that:
then your excessive-force claim may not necessarily imply the conviction is invalid. You can accept that you committed the offense and still argue that the police used too much force.
Example 3: Timing matters
Courts often ask whether the alleged excessive force was:
The Heck case is less likely to bar force used after the crime or after you were subdued.
For Heck purposes, a conviction is a conviction—whether it comes from:
So even a plea bargain meant to “just get it over with” and avoid the risk of trial and a more serious sentence can sometimes silently kill a future civil-rights case.
No! Criminal cases are about your freedom and your criminal record, and managing risk over those issues should usually come first, without even taking into account the possibility of a civil claim.
But it does mean this:
If you think you may have a civil claim for police brutality or excessive force, your criminal-defense lawyer needs to know that, confidentially, before you plead. And you should probably ask your criminal-defense lawyer to consult with a civil-rights attorney who handles serious police-brutality and police-misconduct cases, like us, about the potential civil consequences of a guilty or no-contest plea.
Sometimes the way a plea is structured—or what facts are admitted—can make the difference between:
Yes—and in serious cases, coordination is critical.
A civil-rights lawyer can:
The issues are nuanced and rarely easy. It's all about risk calculation.
If your conviction is:
Then the Heck barrier may disappear, and a previously blocked civil case may become viable. But admissions made in open court or in writing (like in a written plea agreement) might still be used against you.
Chandra Law handles serious police-brutality, police-misconduct, and excessive-force cases. If you are facing criminal charges and believe you were abused by police, we can evaluate whether Heck v. Humphrey is an issue and, when appropriate, coordinate with your criminal-defense counsel to protect your rights. (We do not, however, handle criminal defense in such matters.) You may contact us through the secure contact form here. The more details you provide about what happened and what you are facing, the better.
This FAQ is general information, not legal advice. The application of the law depends on the specific facts and the jurisdiction. Contact a lawyer about your situation.
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