Marlowe v. Fabian

MURPHY, Circuit Judge.

While serving a state sentence for first degree criminal sexual conduct, Brian Lee Marlowe sued two Department of Corrections officials under 42 U.S.C. § 1983 for unlawfully imprisoning him 375 days beyond the date on which he became eligible for supervised release. The district court 2 granted summary judgment to the state officials after determining that Marlowe had failed to satisfy the favorable termination requirement of Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Marlowe appeals, and we affirm.

In 2002 Marlowe pled guilty in state…