Kelly v. Sanders ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41417
Summary Calendar
BOBBY JOE KELLY,
Plaintiff-Appellant,
versus
DARWIN SANDERS, Warden; M.L. SCOTT;
SUNDAY KADZIESKI, Ad Seg. Officer;
ERIC PARKER, Ad Seg. Officer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:00-CV-196
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May 25, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Bobby Joe Kelly, Texas state prisoner # 626124, argues that
the district court erred in dismissing his 42 U.S.C. § 1983
complaint alleging that the defendant prison officers filed false
disciplinary charges against him in retaliation for his filing
prison grievances.
Insofar as Kelly raised claims that he was denied due
process during disciplinary proceedings, the district court
correctly dismissed the claims pursuant to Heck v. Humphrey, 512
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-41417
-2-
U.S. 477 (1994) because Kelly admits that his disciplinary
convictions have not been reversed, expunged, or otherwise
invalidated. Thus, the dismissal of the due process claims is
AFFIRMED.
However, Kelly’s allegations that the defendants filed false
disciplinary charges against him in response to his filing
grievances arguably stated claims of retaliation which are not
subject to dismissal under Heck. See Woods v. Smith, 60 F.3d
1161, 1164 (5th Cir. 1995); Gibbs v. King, 779 F.2d 1040, 1046
(5th Cir. 1986). The district court erred in dismissing the
retaliation claims at this stage of the proceeding. Therefore,
the judgment is VACATED insofar as it dismissed the retaliation
claims and the case is REMANDED to the district court for further
consideration of those claims. We express no view on the merits.
AFFIRMED IN PART, VACATED IN PART AND REMANDED.