Galanti v. Nevada Dep't of Corrections

Heck does not preclude an ex-prisoner’s § 1983 claim challenging denial of good-time credits because he could no longer bring that claim in a habeas petition Nonnette v. Small, 316 F.3d 872, 875-76 (9th Cir. 2002).

Galanti completed education courses while incarcerated, entitling him to sentence deductions under Nevada law that were never applied. Galanti brought action under 42 U.S.C. § 1983, alleging violations of his constitutional rights by failing to apply the deductions and claimed that he was targeted for being a sex offender. NDOC argued that Galanti’s claims were barred by Heck v. Humphrey, 512 U.S. 477 (1994), because they implied that the duration of his sentence was invalid. Galanti argued that his claims fall under an exception to Heck recognized in Nonnette v. Small, 316 F.3d 872, 875-76 (9th Cir. 2002). Heck does not preclude an ex-prisoner’s § 1983 claim challenging denial of good-time credits because he could no longer bring that claim in a habeas petition. See Nonnette, 316 F.3d at 875-76. The Court found that Galanti’s case was similar to that of Nonnette because Plaintiff challenged the deprivation of credit-deductions, not his underlying sentence, and he had little time to obtain habeas relief. AFFIRMED in part, REVERSED in part, and REMANDED.