Plaintiff no longer on probation has no Heck bar to § 1983 case

A plaintiff no longer on probation has no Heck bar to his action. Abusaid v. Hillsborough County Bd. of County Comm’rs, 2007 U.S. Dist. LEXIS 65813 (M.D. Fla. September 6, 2007):

As discussed above, the Eleventh Circuit in its remand Order sua sponte raised the issue of whether the rule in Heck bars any or all of Plaintiff’s claims. See Abusaid, 405 F.2d at 1315, n.9. It noted that a line of post-Heck cases leaves open the question of whether Heck bars § 1983 suits by plaintiffs who are not in custody and thus for whom habeas relief is not available. Citing Wilkinson v. Dotson, 544 U.S. 74 (2005), and Spencer v. Kemna, 523 U.S. 1 (1998), the court suggested that the Heck doctrine may now be understood to bar § 1983 relief only in cases when the alternative remedy of habeas relief is available, noting that in Spencer five justices (four concurring and one dissenting) concluded as much. Given the limited record before it and the need for resolution of certain factual matters, the court declined to weigh in on the matter further. Specifically, the court identified the following factual issues: whether Plaintiff was on probation at the time of filing his § 1983 action and therefore whether habeas relief is available to him; whether his arrest subsequent to filing this claim has any bearing on the issues; and whether any or all of the eighteen claims raised by Plaintiff necessarily imply the invalidity of his conviction or sentence.

Stone v. Powell bar applies to § 2255 proceedings, too. Estupian v. United States, 2007 U.S. Dist. LEXIS 65810 (M.D. Fla. September 6, 2007):

In Ground One of his motion, Mosquera Estupian complains of a Fourth Amendment violation in that his “conviction [was] obtained by [the] use of evidence obtained pursuant to an unlawful arrest.” D-cv-1 at 4; D-cv-2 at 3-7. This claim is also not cognizable in this motion to vacate. Fourth Amendment violations are not cognizable on collateral review as long as the defendant had a “full and fair” opportunity to litigate the claim on direct appeal. See Stone v. Powell, 428 U.S. 465, 494 (1976) (“where the State has provided an opportunity to full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial”); see also, United States v. Ishmael, 343 F.3d 741, 742-43 (5th Cir. 2003) (citing United States v. Cook, 997 F.2d 1312, 1317 (10th Cir. 1993)) (“[I]t is clear that the [Supreme] Court intends for Fourth Amendment claims to be limited in § 2255 proceedings as they are limited in § 2254 proceedings–i.e., to be addressed only if a defendant has not had a full and fair opportunity to raise the claims at trial and on direct appeal); compare, Caver v. Alabama, 577 F.2d 1188, 1192 (5th Cir. 1978) (“But the applicability of Stone in § 2255 proceedings is somewhat unclear. While the Supreme Court has not definitively resolved the question, dicta in United States v. Johnson, 457 U.S. 537, 562 n. 20 (1982) indicates that the doctrine does apply here.”).