CA10: Ptf’s conviction barred his 1983 claim because it established facts against him under Heck

“Mr. Birch’s convictions preclude him from establishing a genuine issue of material fact as to his Fourth Amendment excessive force claims against Officers Sinclair, Page, and Stout, Fourteenth Amendment malicious prosecution claims, and Fourth Amendment false arrest claims. In dismissing these claims with prejudice after finding no constitutional violation, the district court relied upon Mr. Birch’s convictions as conclusively establishing various facts. However, claims dismissed under Heck should be dismissed without prejudice. Fottler v. United States, 73 F.3d 1064, 1065-66 (10th Cir. 1996). Accordingly, we remand to the district court to modify its judgment to reflect that these claims are dismissed without prejudice. In all other respects, the judgment is affirmed.” Birch v. City of Atchison, 2021 U.S. App. LEXIS 471 (10th Cir. Jan. 8, 2021).