Payano v. Potter

ORDER

Tony Payano, a Wisconsin prisoner, seeks damages under 42 U.S.C. § 1983 for the year he spent in state prison after an appellate court vacated his conviction and ordered a retrial but before the Supreme Court of Wisconsin reinstated the conviction. The district court dismissed the lawsuit. Because Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), bars this suit, we affirm.

Based on the complaint’s allegations, which we take as true, Payano’s criminal case began in 2005 after he shot a plainclothes police officer who was forcibly entering his apartment. He was charged…