Donovan Johnson v. Kosciusko Police Department, et

Case: 10-60244 Document: 00511385438 Page: 1 Date Filed: 02/17/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 17, 2011
No. 10-60244
Summary Calendar Lyle W. Cayce
Clerk
DONOVAN JOHNSON,
Plaintiff-Appellant
v.
KOSCIUSKO POLICE DEPARTMENT; R.J. ADAMS, Chief of Police,
Defendants-Appellees
Appeals from the United States District Court
for the Northern District of Mississippi
USDC No. 1:09-CV-169
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Donovan Johnson, Mississippi prisoner # K8179, appeals the summary
judgment dismissal of his § 1983 complaint alleging that his Fourth Amendment
rights were violated when police searched his home on January 23, 2008,
without his permission or a search warrant.
For the first time on appeal, Johnson asserts claims based upon ineffective
assistance of counsel as well as violations of his equal protection rights, his Fifth
Amendment rights, and several provisions of Mississippi law. This court
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-60244 Document: 00511385438 Page: 2 Date Filed: 02/17/2011
No. 10-60244
declines to consider these claims. See Jennings v. Owens, 602 F.3d 652, 657 n.7
(5th Cir. 2010).
Johnson does not challenge the district court’s holding that, to the extent
that he attempts to prove an alibi for the time during which he was convicted of
selling cocaine, it is barred under Heck v. Humphrey, 512 U.S. 477, 486-87
(1994). Accordingly, he has waived any challenge to that holding. See
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987).
With regard to the dismissal of his substantive claim that no search
warrant had been issued, we affirm on the alternative ground that this claim,
too, is barred by Heck because, by Johnson’s own admissions, it necessarily
challenges the validity of the convictions for which he is currently incarcerated.
See Heck, 512 U.S. at 486-87; United States v. McSween, 53 F.3d 684, 687 n.3
(5th Cir. 1995). Johnson’s motion for appointment is denied.
AFFIRMED; MOTION DENIED.
2