Clay v. Allen

Louis James Clay, Jr. (“Clay”), Mississippi inmate # 08452, appeals the dismissal of his 42 U.S.C. § 1983 claim against Mon Cree Allen (“Allen”) and Mary R. Thompson (“Thompson”), a circuit court clerk and a court reporter, respectively, for Wilkinson County. The district court ruled that Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), barred his suit. We affirm in part, vacate in part, and remand for further proceedings.

A Mississippi jury convicted Clay of aggravated assault, and sentenced him to twenty years as a habitual offender. Clay initiated a pro se § 1983 suit…