Fountain v. Thomas ( 2023 )

Case: 23-40171 Document: 00516969149 Page: 1 Date Filed: 11/15/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
November 15, 2023
No. 23-40171 Lyle W. Cayce
____________ Clerk
Brett Fountain,
Plaintiff—Appellant,
versus
Clifford Wayne Thomas; Wood County Criminal
District Attorney’s Office; Angela Lea Albers,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:22-CV-431
______________________________
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Brett Fountain was convicted of a misdemeanor traffic violation in
Texas state court. Fountain then filed suit in federal district court under 42
U.S.C. § 1983 against various officials involved in the state prosecution. For
example, Fountain alleged that the special prosecutor “pretended he was the
elected criminal district attorney of Wood County,” Texas.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40171 Document: 00516969149 Page: 2 Date Filed: 11/15/2023
No. 23-40171
Fountain’s claims are barred by Heck v. Humphrey, 512 U.S. 477(1994). Heck bars actions for damages under § 1983 (1) when a judgment in
favor of the plaintiff would necessarily imply the invalidity of their
conviction, and (2) that conviction has not “been reversed on direct appeal,
expunged by executive order, declared invalid by a state tribunal authorized
to make such determination, or called into question by a federal court’s
issuance of a writ of habeas corpus, 28 U.S.C. § 2254.” Id. at 486–87.
Fountain’s conviction has not been reversed, expunged, or otherwise
declared invalid. Accordingly, he cannot proceed with this § 1983 claim for
damages. Id.; Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996).
AFFIRMED.
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