1983 Case Based on Cop's Deceptive Entry Into Motel Room Reinstated

Butler v. Compton, --- F.3d ----, 2007 WL 1128867(10th Cir. April 17, 2007)

Pro se P filed a Sec. 1983 action against cop who P said used deception to gain entry into his motel room to make a warrantless search (familiar scenario...). Cop filed motion to dismiss saying deception was permissible and the district court agreed. First time around the 10th reversed and found that P had raised a cognizable 4A claim.

Second time around district court dismissed P’s complaint on ground that he had pleaded guilty to the offense discovered as a result of the police entry into his room. Under Heck v. Humphrey, 512 U.S. 477 (1994), that would bar P’s claim. During briefing, it became clear that P pleaded guilty to other charges, and those arising out of the entry into the motel room were dismissed in a plea bargain.

The 10th reverses the grant of summary judgment, and holds the district court erred in applying Heck. Heck bars civil litigants from using rules more liberal than habeas rules to attack a conviction. Here, P’s 1983 action does not implicate the validity of the charges that arose out of police entry into his room because they were dismissed.