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  • Wolff v. Games-Neely, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit affirmed in part and affirmed as modified in part the district court's dismissal of the plaintiffs' civil rights complaint. The court agreed that the complaint could not seek the criminal prosecution of the defendants. Additionally, the court noted that the allegations against the defendants, if true, would undermine the validity of one plaintiff's criminal conviction. Therefore, that plaintiff must first demonstrate that his conviction has been invalidated before pursuing monetary damages claims related to alleged wrongdoings. The court affirmed the dismissal of those claims without prejudice to refiling if the conviction is overturned in the future.

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    Filed: 2001-03-30 Precedential Status: Non-Precedential Docket: 00-2389

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    The United States Court of Appeals for the Fourth Circuit affirmed in part and affirmed as modified in part the district court's dismissal of the plaintiffs' civil rights complaint. The court agreed that the complaint could not seek the criminal prosecution of the defendants. Additionally, the court noted that the allegations against the defendants, if true, would undermine the validity of one plaintiff's criminal conviction. Therefore, that plaintiff must first demonstrate that his conviction has been invalidated before pursuing monetary damages claims related to alleged wrongdoings. The court affirmed the dismissal of those claims without prejudice to refiling if the conviction is overturned in the future.

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    Wolff v. Games-Neely, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit affirmed in part and affirmed as modified in part the district court's dismissal of the plaintiffs' civil rights complaint. The court agreed that the complaint could not seek the criminal prosecution of the defendants. Additionally, the court noted that the allegations against the defendants, if true, would undermine the validity of one plaintiff's criminal conviction. Therefore, that plaintiff must first demonstrate that his conviction has been invalidated before pursuing monetary damages claims related to alleged wrongdoings. The court affirmed the dismissal of those claims without prejudice to refiling if the conviction is overturned in the future.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-2389

    CRYSTAL J. WOLFF;
    JENNIFER K. WOLFF,

    JEFFREY

    L.

    WOLFF,

    SR.;
    Plaintiffs - Appellants,

    versus
    PAMELA GAMES-NEELY, Prosecutor; GREG SEIFORT,
    D.H.H.R. Worker; JENNELL SIEGLAR, D.H.H.R.
    Worker; DAVID SANDERS, Judge; DR. PARRY,
    School Assistant Supervisor; PAUL LANE, Esq.;
    DAVID FOREMAN, Trooper; BURNICE WEINSTEIN,
    Prosecutor; NANCY DALBY, Guardian ad litem,
    Defendants - Appellees.

    Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge. (CA-00-67-3)

    Submitted:

    March 16, 2001

    Decided:

    March 30, 2001

    Before LUTTIG, TRAXLER, and KING, Circuit Judges.

    Affirmed in part and affirmed as modified in part by unpublished


    per curiam opinion.
    Crystal J. Wolff,
    Appellants Pro Se.

    Jeffrey

    L.

    Wolff,

    Sr.,

    Jennifer

    K.

    Wolff,

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellants appeal the district courts order dismissing their
    civil rights complaint as frivolous. To the extent that Appellants
    complaint seeks the criminal prosecution of the named Defendants,
    we affirm on the reasoning of the district court.
    Neely, No. CA-00-67-3 (N.D.W. Va. Oct. 3, 2000).

    Wolff v. GamesTo the extent

    that Appellants seek money damages against the Defendants for their
    alleged wrongdoings, we note that the accusations leveled against
    the Defendants, if true, would undermine the validity of Appellant
    Jeffrey Wolffs criminal conviction. Accordingly, Wolff must first
    demonstrate that his conviction has been reversed, expunged, declared invalid, or called into question by a federal courts issuance of a writ of habeas corpus.
    486-87 (1994).

    Heck v. Humphrey, 512 U.S. 477,

    Accordingly, we affirm as modified to dismiss this

    claim without prejudice to the Appellants right to refile upon


    such a showing. We deny Appellants motion for a copy of a response
    to their informal brief, as no such response exists.

    We dispense

    with oral argument because the facts and legal contentions are
    adequately presented in the materials before the court and argument
    would not aid the decisional process.

    AFFIRMED IN PART; AFFIRMED


    AS MODIFIED IN PART

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