This is written for criminal defense lawyers. Every defense lawyer has had the client charged with resisting or assaulting an officer when the video suggests the officer was the aggressor. The plea offer is reasonable, probation instead of custody, and the client wants it. What neither of you may be thinking about is that the plea can end a civil rights claim before anyone has looked at it.
We practice criminal defense and civil rights litigation in the same firm, so we see this from both sides. Here is what the defense lawyer should know before that plea is entered.
The rule
What is the Heck v. Humphrey rule?
A civil rights claim cannot be used to attack a conviction that is still standing.
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court held that a person cannot recover damages under 42 U.S.C. § 1983 if winning the claim would necessarily imply that their conviction or sentence is invalid, unless that conviction has already been reversed, expunged, declared invalid, or called into question by a federal habeas court.
The practical effect is simple. A client who pleads guilty to resisting may have pleaded away the claim that the arrest or the force was unlawful, depending on what was admitted and how the claims fit together.
At the plea
How can a plea be structured to protect a civil rights claim?
Not every plea is fatal. The analysis turns on details defense lawyers control.
The charge pleaded to
A conviction for resisting arrest is analyzed differently than a plea to an unrelated amended charge. Whether a civil claim would “necessarily imply” the invalidity of the conviction depends on what that conviction actually established.
The factual basis
What the client admits on the record at the plea hearing matters. A broad factual basis about the client’s conduct toward the officer can undercut a later excessive force claim that a narrower one would not.
A dismissal
A case that ends without a conviction does not raise a Heck problem. And under Thompson v. Clark (2022), a Fourth Amendment malicious prosecution claim requires only that the prosecution ended without a conviction, not an affirmative showing of innocence.
Other dispositions
Suspended impositions of sentence, diversion, and other outcomes that are not traditional convictions can still raise Heck questions. They need to be analyzed before the client agrees, not after.
Timing
Should the civil rights case be filed before the criminal case ends?
Usually not. We typically wait for the criminal case to resolve. The exception is the statute of limitations.
Under Wallace v. Kato, 549 U.S. 384 (2007), the limitations period for a Fourth Amendment false arrest claim begins when the person is held pursuant to legal process, not when the criminal case ends. In Missouri, § 1983 claims borrow a five-year limitations period. A criminal case that drags on, followed by an appeal, can bring that deadline close.
When that happens, the civil case can be filed and the court can stay it until the criminal case is resolved, which Wallace describes as common practice. Filing protects the deadline without forcing the civil case to move ahead of the criminal one.
Why it helps
Why does criminal defense experience matter in a civil rights case?
- We can evaluate the criminal case. The strength of the State’s case is often the best predictor of the strength of the civil claim, and we read it the way a defense lawyer does.
- We can talk to you as a colleague. We can walk through how a proposed resolution affects the civil claim, including the Heck analysis, while the decision is still open.
- The client stays your client. You keep the criminal case. We handle the civil rights side.
Civil rights work is demanding, and not every violation makes a viable case. For what we look for, see what we look for before taking a civil rights case.
Working together
How does co-counsel work on the civil rights side?
When a criminal defense lawyer brings us a client with a potential civil rights claim, we can work together as co-counsel on that claim.
Any division of the fee follows Missouri Supreme Court Rule 4-1.5(e). The division must be in proportion to the services each lawyer performs, or each lawyer must assume joint responsibility for the representation. The client must agree to the arrangement in writing, and the total fee must be reasonable. We will put the terms in writing at the start. See for attorneys for how we work with other lawyers.
Answers
Heck questions defense lawyers ask
Does a guilty plea bar a civil rights lawsuit?
It can. Under Heck v. Humphrey, a § 1983 claim is barred if winning it would necessarily imply the conviction is invalid, unless the conviction has been reversed or otherwise invalidated. Whether a particular plea has that effect depends on the charge and what was admitted.
Does a dismissal allow a malicious prosecution claim?
Under Thompson v. Clark (2022), a Fourth Amendment malicious prosecution claim requires only that the prosecution ended without a conviction. A dismissal can satisfy that, although every other element still has to be proved.
When does the statute of limitations start on a false arrest claim?
Under Wallace v. Kato, when the person is held pursuant to legal process, such as at a first appearance, not when the criminal case ends. In Missouri, § 1983 claims use a five-year period.
Can a civil rights case be filed while the criminal case is pending?
Yes, and when the limitations period is a concern it sometimes should be. The court can stay the civil case until the criminal case is resolved.
Can a defense lawyer share a fee on the civil rights case?
In Missouri, only under Rule 4-1.5(e): in proportion to services performed or with joint responsibility, with the client’s written agreement, and with a reasonable total fee.
See our civil rights and police misconduct and excessive force pages, or call 573-638-8529.
Talk to us
Call before the plea, not after.
If you have a client with a possible civil rights claim and a plea offer on the table, we are glad to talk it through with you.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information, not legal advice, and it does not create an attorney-client relationship. Whether a particular claim survives Heck depends on the specific facts, charges, and record.
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