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Copus v. City of Edgerton

United States Court of Appeals, Seventh Circuit
Sep 25, 1996
96 F.3d 1038 (7th Cir. 1996)

Summary

holding that a district court does not have authority to convert a defective § 1983 suit into a collateral attack

Summary of this case from Arnett v. Kelsaw

Opinion

No. 96-2173

SUBMITTED SEPTEMBER 10, 1996

DECIDED SEPTEMBER 25, 1996

Larry J. Copus (submitted on briefs), Memphis, TN, Pro Se.

Robert G. Krohn, John W., Roethe, Roethe, Buhrow, Roethe Pope, Edgerton, WI, for City of Edgerton, Kenneth Burdick, Officer Meehan.

Robert G. Krohn, Roehte Buhrow, Roethe, Buhrow, Roethe Pope, Edgerton, WI, for Michael Strizic.

Robert M. Hunter, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, Robert G. Krohn, Roethe, Buhrow, Roethe Pope, Edgerton, WI, for Wisconsin Department of Corrections.

Appeal from the United States District Court for the Western District of Wisconsin.

No. 96-C-101-C

Barbara B. CRABB, Judge.

Before EASTERBROOK, KANNE, and ROVNER, Circuit Judges.


Larry J. Copus filed this suit under 42 U.S.C. § 1983, contending that defendants wrongfully arrested him, searched his home, failed to administer Miranda warnings, and so on, all leading to the revocation of his probation and his current confinement. The district court swiftly ruled that a decision on the merits of these claims would affect the validity of Copus's confinement, and that the claims therefore must be prosecuted under 28 U.S.C. § 2254. Next the district court held that the complaint must be treated as a sec. 2254 action, which the court immediately dismissed for failure to exhaust state remedies. Copus filed a notice of appeal and, because the district court had converted the action into one under sec. 2254, asked this court to issue a certificate of appealability.

Such a certificate is unnecessary. The district court was not authorized to convert a sec. 1983 action into a sec. 2254 action, a step that carries disadvantages (exhaustion and the certificate of appealability only two among many) for litigants. A collateral attack must be prosecuted against one's custodian. Copus did not name his custodian as a defendant, and therefore this action cannot be a collateral attack. It may be that as a sec. 1983 suit it is defective, but if so the proper step would have been to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) or grant summary judgment, rather than to "convert" the case to an impossible or inappropriate alternative suit. Clayton-EL v. Fisher, No. 92-1246 (7th Cir. Sept. 12, 1996), slip op. 7 n. 2.

When a plaintiff files a sec. 1983 action that cannot be resolved without inquiring into the validity of confinement, the court should dismiss the suit without prejudice. Heck v. Humphrey, 114 S.Ct. 2364 (1994). Several claims in Copus's complaint are untenable under Heck. But the claim concerning an unconstitutional search and seizure may well be maintainable. Consider the possibilities. The evidence might have been suppressed in the state case, and if so would not have contributed to confinement; or (since this is a probation revocation), the state tribunal might have declined to invoke the exclusionary rule, so that the propriety of the search was not adjudicated in the state case. See Homola v. McNamara, 59 F.3d 647, 650-51 (7th Cir. 1995). Under Heck it is essential to determine whether the conduct complained of had an effect on the custody; if not, the damages action can proceed. See also Allen v. McCurry, 449 U.S. 90 (1980); Haring v. Prosise, 462 U.S. 306 (1983); Clayton-EL, slip op. 10-14.

The judgment of the district court is vacated, and the case is remanded for further proceedings consistent with this opinion.


Summaries of

Copus v. City of Edgerton

United States Court of Appeals, Seventh Circuit
Sep 25, 1996
96 F.3d 1038 (7th Cir. 1996)

holding that a district court does not have authority to convert a defective § 1983 suit into a collateral attack

Summary of this case from Arnett v. Kelsaw

reversing dismissal for failure to exhaust after district court had erred by converting § 1983 case to habeas case

Summary of this case from Lauderdale-El v. Ind. Parole Bd.

reversing court's decision to convert § 1983 claim to § 2255 petition

Summary of this case from State ex Rel. Wiegert v. Smith

admonishing district courts not to convert civil rights complaints into habeas corpus petitions

Summary of this case from Freed v. Truax

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 action into a § 2254 action.

Summary of this case from Almond v. Baenen

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 action into a § 2254 action.

Summary of this case from Grissom v. Meisner

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 action into a § 2254 action.

Summary of this case from Almond v. Pollard

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 [orBivens] action into a [habeas] action.

Summary of this case from Hammoud v. Holinka

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 [orBivens] action into a [habeas] action.

Summary of this case from Moon v. Holinka

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated that a "district court [is] not authorized to convert a § 1983 action into a § 2254 action.

Summary of this case from Maldonado v. Chippewa Circuit Court

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 [or Bivens] action into a § 2254 action.

Summary of this case from Lee v. Holinka

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated that a "district court [is] not authorized to convert a § 1983 [or Bivens] action into a § 2254 action.

Summary of this case from Ledoux v. State

stating that where Heck bars a § 1983 claim, a district court should dismiss such claim without prejudice so that the plaintiff may collaterally attack the legal process that led to his confinement

Summary of this case from McFarland v. Vines

stating that where Heck bars a § 1983 claim, a district court should dismiss such claim without prejudice so that the plaintiff may collaterally attack the legal process that led to his confinement

Summary of this case from GLENN v. WIZA

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 action into a § 2254 action.

Summary of this case from Jorden v. Flancher

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 [orBivens] action into a § 2254 action.

Summary of this case from Brown v. Hobart

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 [orBivens] action into a § 2254 action.

Summary of this case from Villanueva-Monroy v. Hobart

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 action (or § 1331 action) into a § 2254 action.

Summary of this case from Sarauer v. State of Wisconsin

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 [orBivens] action into a § 2254 action.

Summary of this case from Hill v. Scibana

In Copus v. City of Edgerton, 96 F.3d 1038, 1039 (7th Cir. 1996), the court stated: A "district court [is] not authorized to convert a § 1983 action into a § 2254 action.

Summary of this case from CADE v. SCIBANA
Case details for

Copus v. City of Edgerton

Case Details

Full title:LARRY J. COPUS, Plaintiff-Appellant, v. CITY OF EDGERTON, et al.…

Court:United States Court of Appeals, Seventh Circuit

Date published: Sep 25, 1996

Citations

96 F.3d 1038 (7th Cir. 1996)

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