Claudious Channer v. Clyde Mitchell, Detective, I/o, James Howard, Detective, I/o, James F. Looby, Inspector, I/o, City of Hartford, 43 F.3d 786 (2d Cir. 1994). · Go Syfert
Claudious Channer v. Clyde Mitchell, Detective, I/o, James Howard, Detective, I/o, James F. Looby, Inspector, I/o, City of Hartford, 43 F.3d 786 (2d Cir. 1994). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 1998–2019 · 2 courts · …bring unfounded criminal charges at p. 787 ⚠ not in text
35 citation events (26 in the last 25 years) across 11 distinct courts.
Strongest positive: Antrobus v. NYS Dept. of Corr. & Comm. (nyed, 2021-03-22)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Antrobus v. NYS Dept. of Corr. & Comm.
E.D.N.Y · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
habeas corpus-not a 1983 action-provides the sole federal remedy where a state prisoner challenges the fact or duration of his imprisonment.
discussed Cited as authority (rule) Kenneth N. Wynder, Jr. v. Robert Linn; Steven Banks; Renee Campion; Marjorie Landa; Maryanne Mullany; New York City Office of Labor Relations; Office of the New York City Comptroller’s Office
S.D.N.Y. · 2025 · confidence medium
See Warren v. Fischl, 674 F. App’x 71, 73 (2d Cir. 2017) (summary order) (affirming district court’s ruling that Heck barred appellant’s claims – “that the defendants [Nassau County public officials, including district attorneys and police officers] conspired to fabricate evidence and testimony against him and introduced such fabricated evidence and perjury at trial” – because “if proved, [these claims] would demonstrate the invalidity of his conviction”); Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir. 1994) (per curiam) (affirming dismissal under Heck of Section 1983 claims …
discussed Cited as authority (rule) Robert Cason v. Middlesex County Prosecutors Office
3rd Cir. · 2024 · confidence medium
We agree with the District Court that many of Cason’s claims—specifically, his claims that the Police Defendants provided false testimony and that the prosecution suppressed evidence—are Heck-barred because success on those claims would necessarily imply that his state-court convictions were invalid, and his convictions have not been vacated or otherwise called into question. 3 See Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir. 1994) (per curiam) (holding that § 1983 claim that police officers committed perjury at trial was barred by Heck); Poventud v. City of New York, 750 F.3d 3 Furth…
discussed Cited as authority (rule) Wilcox 182024 v. Peck
D. Ariz. · 2024 · confidence medium
See https://apps.supremecourt.az.gov/publicAccess/minutes.aspx (search “Court” for 1 442 F.3d 697 , 703 (9th Cir. 2006) (“Wrongful arrest, malicious prosecution, and a 2 conspiracy among . . . officials to bring false charges against [plaintiff]” were barred by 3 Heck); Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir. 1998) (Heck barred 4 plaintiff’s civil rights claims for false arrest and false imprisonment until conviction was 5 invalidated); Smithart v. Towery, 79 F.3d 951, 952 (9th Cir. 1996) (per curiam) (“There is 6 no question that Heck bars [plaintiff’s] c…
discussed Cited as authority (rule) Carrillo v. Mission Valley Nordstrom Rack
S.D. Cal. · 2023 · confidence medium
See Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir. 8 1998) (“[U]nder Heck, [claims of] false arrest and imprisonment claims [a]re not 9 cognizable and d[o] not accrue until [the] conviction [i]s invalidated.”); see also Smithart 10 v. Towery, 79 F.3d 951, 952 (9th Cir. 1996) (per curiam) (“There is no question that Heck 11 bars [plaintiff’s] claims that defendants lacked probable cause to arrest him and brought 12 unfounded criminal charges against him.”); Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir. 13 1994) (per curiam) (claims that police officers committed perj…
discussed Cited as authority (rule) Kauffman 360639 v. Arizona State Prison Complex Eyman Rynning Unit
D. Ariz. · 2023 · confidence medium
See 18 Guerrero v. Gates, 442 F.3d 697, 703 (9th Cir. 2006) (“Wrongful arrest, malicious 19 prosecution, and a conspiracy among . . . officials to bring false charges against [plaintiff]” 20 were barred by Heck); Cabrera, 159 F.3d at 380 (Heck barred plaintiff’s civil rights claims 21 for false arrest and false imprisonment until conviction was invalidated); Smithart v. 22 Towery, 79 F.3d 951, 952 (9th Cir. 1996) (per curiam) (“There is no question that Heck 23 bars [plaintiff’s] claims that defendants lacked probable cause to arrest him and brought 24 unfounded criminal charges agai…
discussed Cited as authority (rule) Dunn v. Onondaga County Medical Examiner's Office
N.D.N.Y. · 2023 · confidence medium
Since plaintiff's conviction v. Mitchell, 43 F.3d 786, 787-88 (2d Cir.1994) (per curiam) remains valid, plaintiff's claim for violation of his right to (affirming Heck-based dismissal of claim that police officers a fair trial is not cognizable under § 1983, and must be committed perjury and coerced witnesses to identify plaintiff dismissed as to all defendants[.]”) (internal quotation marks wrongfully); Williams v. Schario, 93 F.3d 527, 529 (8th and citations omitted); Younger v. City of N.Y., 480 F.Supp.2d Cir.1996) (“[A] judgment in Williams's favor on his damages 723, 730 (S.D.N.Y.200…
discussed Cited as authority (rule) Acevedo v. Capra
S.D.N.Y. · 2021 · confidence medium
In short, any deprivation that does not affect the fact or duration of a prisoner’s overall confinement is necessarily a condition of that confinement. (citing Figueroa v. Rivera, 147 F.3d 77, 82 ) (1st Cir. 1998); Channer v. Mitchell, 43 F.3d 786, 788 (2d Cir. 1994)).
discussed Cited as authority (rule) Gwen v. Masher
D. Ariz. · 2020 · confidence medium
Heck v. Humphrey, 512 28 U.S. 477, 486-87 (1994); see Guerrero v. Gates, 442 F.3d 697, 703 (9th Cir. 2006) 1 (“Wrongful arrest, malicious prosecution, and a conspiracy among . . . officials to bring 2 false charges against [plaintiff]” were barred by Heck); Cabrera, 159 F.3d at 380 (Heck 3 barred plaintiff’s civil rights claims for false arrest and false imprisonment until conviction 4 was invalidated); Smithart v. Towery, 79 F.3d 951, 952 (9th Cir. 1996) (per curiam) (“There 5 is no question that Heck bars [plaintiff’s] claims that defendants lacked probable cause to 6 arrest him an…
discussed Cited as authority (rule) Walker v. Cuomo
N.D.N.Y. · 2020 · confidence medium
In this case, there is no possibility that plaintiff can succeed in stating a Fourteenth Amendment claim based on the alleged wrongdoing of judges, prosecutors, and legislators relative to his conviction and/or imprisonment, which entitles him to an order from this Court mandating that the aforementioned officials allow him to challenge the fact or duration of his imprisonment because "habeas corpus–not a § 1983 action–provides the sole federal remedy where a state prisoner challenges the fact or duration of his imprisonment." Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir. 1994) (citing P…
examined Cited as authority (rule) Poventud v. City of New York (4×) also: Cited "see, e.g."
2d Cir. · 2013 · confidence medium
See Heck, 512 U.S. at 503 (Souter, J., concurring) (criticizing the majority for imposing a favorable-termination requirement rather than “constru[ing] § 1983 in light of the habeas statute and its explicit policy of exhaustion”); Channer v. Mitchell, 43 F.3d 786, 787-88 (2d Cir. 1994) (per curiam).
discussed Cited as authority (rule) Roberts v. O'Bannon
10th Cir. · 2006 · confidence medium
Cf. Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1140 (9th Cir. 2005) (alleged police perjury that violated prisoner’s due-process rights in a parole hearing necessarily implicates the validity of prisoner’s continuing confinement); Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (Heck bars § 1983 claim that police officers “committed numerous acts of perjury and coerced witnesses to wrongfully identify” the plaintiff).
cited Cited as authority (rule) Eric Jenkins v. Lt. Haubert
2d Cir. · 1999 · confidence medium
See Figueroa v. Rivera, 147 F.3d 77, 82 (1st Cir.1998); Channer v. Mitchell, 43 F.3d 786, 788 (2d Cir.1994) (per curiam).
discussed Cited as authority (rule) McAllister v. New York City Police Department
S.D.N.Y. · 1999 · confidence medium
See, e.g., Malizia v. Westchester County Disk Attorney’s Office, No. 98-7043, 1998 WL 712424 at *2 (2d Cir. Oet.l, 1998) (unpublished) (false arrest and malicious prosecution claims were properly dismissed under Heck because plaintiffs “case did not terminate in his favor”); Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir.1995) (dismissing false arrest, false imprisonment and malicious prosecution claims under Heck , because plaintiff “has not demonstrated that his conviction has been invalidated in any manner”); Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (claims that defendant po…
discussed Cited as authority (rule) Roucchio v. Coughlin
E.D.N.Y · 1998 · confidence medium
See Edwards, 117 S.Ct. at 1589 ; Heck, 512 U.S. at 484-85 , 114 S.Ct. 2364 ; see also Black v. Coughlin, 76 F.3d 72, 75 (2d Cir.1996) (holding that, under Heck , a § 1983 due process challenge does not accrue unless disciplinary ruling is first reversed by state court); Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir.1995) (“[a] claim for damages based on a conviction or sentence that has not been invalidated ... is not cognizable under § 1983.”); Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (same); Burnell, 975 F.Supp. at 477 (holding that Edwards rationale extends to any punishment th…
cited Cited as authority (rule) Figueroa v. Rivera-Garcia
1st Cir. · 1998 · confidence medium
See Brown v. Plaut, 131 F.3d 163, 167-68 (D.C.Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 2346 , 141 L.Ed.2d 716 (1998); Channer v. Mitchell, 43 F.3d 786, 788 (2d Cir.1994) (per curiam).
cited Cited as authority (rule) Dill v. Village of Gowanda
W.D.N.Y. · 1997 · confidence medium
Heck v. Humphrey, 512 U.S. 477, 486 , 114 S.Ct. 2364, 2372 , 129 L.Ed.2d 383 (1994); Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994).
discussed Cited "see" Wynder, JR. v. Mateer
S.D.N.Y. · 2025 · signal: see · confidence high
Id. at 486-87 (footnote omitted) (emphasis in original); see Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir. 1994) (per curiam) (affirming dismissal under Heck of Section 1983 claims alleging that police officers “committed numerous acts of perjury and coerced witnesses to wrongfully identify [plaintiff],” and noting that “these allegations, if proven, would have rendered [plaintiff’s] conviction invalid”).
cited Cited "see" Krug v. County of Rennselaer
N.D.N.Y. · 2008 · signal: see · confidence high
Heck, 512 U.S. at 486-87 , 114 S.Ct. 2364 (footnote omitted); see Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994).
discussed Cited "see" Abdel-Whab v. ORTHOPEDIC ASS'N OF DUTCHESS
S.D.N.Y. · 2006 · signal: see · confidence high
See Channer v. Mitchell, 43 F.3d 786, 788 (2d Cir.1994) (affirming dismissal of Section 1983 claims under Heck where plaintiff failed to establish that his conviction had been reversed); Cameron v. Fogarty, 806 F.2d 380, 386-89 (2d Cir.1986) (dismissing section 1983 action for unlawful arrest because conviction gave officers an absolute defense); Duamutef v. Morris, 956 F.Supp. 1112, 1115-1118 (S.D.N.Y.1997) (dismissing 1983 claims under Heck where plaintiffs conviction was valid).
discussed Cited "see" Montgomery v. Macajoux
2d Cir. · 2005 · signal: see · confidence high
The principle of Heck , however, applies equally to Montgomery’s claims because “a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence.” Heck, 512 U.S. at 487 , 114 S.Ct. 2364 ; see Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (per curiam).
discussed Cited "see, e.g." Gosier v. Paolozzi
N.D.N.Y. · 2024 · signal: see also · confidence medium
See id. at 490 ; see also Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (noting that "habeas corpus—not a § 1983 action—provides the sole federal remedy where a state prisoner challenges the fact or duration of his imprisonment ....") (citing Preiser, 411 U.S. at 488–90).
discussed Cited "see, e.g." Fullewellen v. City of New York
S.D.N.Y. · 2023 · signal: see also · confidence low
Accordingly, Heck dictates that these five claims for false arrest, false imprisonment, malicious prosecution, arraignment due process violations, and the deprivation of counsel “must be dismissed.” Id. at 487 (emphasis added); see also Channer v. Mitchell, 43 F.3d 786 , 787–88 (2d Cir. 1994) (affirming dismissal of Section 1983 claims under Rule 12(b)(6) where plaintiff “offered no proof that his conviction had been independently invalidated”).4 II.
discussed Cited "see, e.g." Velazquez v. State of New York
S.D.N.Y. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Channer v. Mitchell, 43 F.3d 786, 788 (2d Cir. 1994) (per curiam) (holding that a § 1983 claim “stemming from conditions of confinement that allegedly violate the Eighth Amendment” are not per se barred by Heck) (collecting cases).
discussed Cited "see, e.g." Hamlin v. Waterbury
D. Conn. · 2019 · signal: see also · confidence low
Conn. Mar. 27, 2017); see also Channer v. Mitchell, 43 F.3d 786 , 787–88 (2d Cir.1994) (per curiam) (affirming Heck-based dismissal of claim that police officers committed perjury and coerced witnesses to identify plaintiff wrongfully, but reversing Heck-based dismissal of Eighth Amendment claim that plaintiff had been placed in a holding cell under inhumane conditions); Smithart v. Towery, 79 F.3d 951 , 952– 53 (9th Cir.1996) (per curiam) (affirming Heck-based dismissal of § 1983 claim of conspiracy to “bring unfounded criminal charges” against plaintiff, but reversing Heck-based dis…
discussed Cited "see, e.g." Banks v. Annucci
N.D.N.Y. · 2014 · signal: see also · confidence medium
See id. at 490 , 93 S.Ct. 1827 ; see also Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (noting that "habeas corpus — not a § 1983 action — provides the sole federal remedy where a state prisoner challenges the fact or duration of his imprisonment____” (citing Preiser, 411 U.S. at 488-90 , 93 S.Ct. 1827 ).) .
discussed Cited "see, e.g." Nahshon Jackson v. Suffolk County Homicide Bureau, Thomas P. Hughes
2d Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Channer v. Mitchell, 43 F.3d 786, 787-88 (2d Cir.1994) (per curiam) (affirming Heck-bused dismissal of claim that police officers committed perjury and coerced witnesses to identify plaintiff wrongfully, but reversing ifeefc-based dismissal of Eighth Amendment claim that plaintiff had been placed in a holding cell under inhumane conditions); Smithart v. Towery, 79 F.3d 951, 952-53 (9th Cir.1996) (per curiam) (affirming Heck-based dismissal of § 1983 claim of conspiracy to “bring unfounded criminal charges” against plaintiff, but reversing Heck-based dismissal of claim of excess…
discussed Cited "see, e.g." Duamutef v. Morris
S.D.N.Y. · 1997 · signal: see, e.g. · confidence medium
See, e.g., Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir.1994) (allegations that two police officers committed “numerous acts of perjury and coerced witnesses to wrongfully identify [plaintiff]” in state court criminal proceedings were properly dismissed where plaintiff “offered no proof that his conviction had been independently invalidated.”); Williams v. Schario, 93 F.3d 527 , 529 (8th Cir.1996) (“a judgment in Williams’s favor on his damages claim that defendants engaged in malicious prosecution and presented perjured testimony would ‘necessarily imply the invalidity of his c…
Retrieving the full opinion text from the archive…
Claudious CHANNER, Plaintiff-Appellant,
v.
Clyde MITCHELL, Detective, I/O, James Howard, Detective, I/O, James F. Looby, Inspector, I/O, City of Hartford, Defendants-Appellees
445, Docket 94-2114.
Court of Appeals for the Second Circuit.
Dec 29, 1994.
43 F.3d 786
1994 U.S. App. LEXIS 36886
Claudious Channer, pro se plaintiff-appellant., Michael J. Gustafson, Halloran & Sage, Hartford, CT, for defendants-appellees Clyde Mitchell, James Howard, City of Hartford., Madeline A. Melchionne, Asst. Atty. Gen., of Connecticut, Hartford, CT (Richard Blu-menthal, Atty. Gen., of Connecticut, Hartford, CT, of counsel), for defendant-appellee James Looby.
McLaughlin, Jacobs, Calabresi.
Cited by 33 opinions  |  Published
PER CURIAM:

Claudious Channer was brought to Connecticut as a federal prisoner to stand trial in state court for robbery and conspiracy to commit robbery. He was sentenced to 20 years’ imprisonment, and is currently serving that sentence.

Following his state conviction, Channer, pro se and in forma pauperis, sued three police officials and the City of Hartford in the United States District Court for the District of Connecticut (Alan H. Nevas, Judge) pursuant to 42 U.S.C. §§ 1983,1985(3), 1986. In his complaint, Channer raised various federal constitutional challenges to the state court proceedings, two of which we address briefly.

First, Channer alleged that Clyde Mitchell and James Howard, both police officers in Hartford, Connecticut, committed numerous acts of perjury and coerced witnesses to wrongfully identify him. Even though these allegations, if proven, would have rendered Channer’s conviction invalid, Channer never sought to reverse his conviction or to obtain his release from custody. Instead, he sought $1,005,000 in damages from each officer.

Second, Channer alleged that James Loo-by, an investigator for the Connecticut State Attorney’s Office, violated his Eighth Amendment right against cruel and unusual punishment by requiring him to spend two evenings in a holding cell that lacked any “civilize[d] bed linen,” “bed pillow to rest on,” or any “comfortable [place] to take a rest for the night.” Again, Channer sought damages of $1,005,000 from the officer.

The district court found that, although Channer framed his complaint against Mitchell and Howard as a § 1983 action, the essence of his claim was an attack on the validity of his conviction. See Channer v. Mitchell, No. 3:93CV00909 (D.Conn. Feb. 3, 1994). The court noted that the proper method for challenging a state conviction is a petition for a writ of habeas corpus, with its accompanying exhaustion requirement. Since Channer offered no evidence that he had exhausted state remedies, the district court dismissed the complaint. The court did not address Channer’s Eighth Amendment claim against Looby at all.

The district court relied on Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). In Preiser, the Supreme Court held that habeas corpus — not a § 1983 action — provides the sole federal remedy where a state prisoner challenges the fact or duration of his imprisonment and seeks immediate or early release. Id. at 488-90, 93 S.Ct. at 1835-37. Because the Supreme Court specifically limited the holding in Preiser to cases where equitable relief is sought, the district court also relied on cases from other circuits that extend Preiser to situations (like the present one) where a prisoner’s § 1983 suit for damages would require a federal court to rule on the validity of a state criminal conviction.

After the district court issued its decision, the Supreme Court definitively resolved the issue:

We hold that, in order to recover damages for [an] allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has 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. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983.

Heck v. Humphrey, — U.S. -, -, 114 S.Ct. 2364, 2372, 129 L.Ed.2d 383 (1994) (footnote omitted).

Channer offered no proof that his conviction had been independently invalidated. His complaint against Mitchell and Howard was therefore properly dismissed. We note, however, that Fed.R.Civ.P. 12(b)(6)—[*788] not the exhaustion doctrine — provides the ground for dismissal. See Heck, — U.S. at -, 114 S.Ct. at 2873 (“We do not engraft an exhaustion requirement upon § 1983, but rather deny the existence of a cause of action”).

Channer’s Eighth Amendment claim against Looby, on the other hand, does not call into question the validity of his state conviction. Heck makes clear that such actions should generally be permitted to go forward: “[I]f the district court determines that the plaintiff’s [§ 1983] action, even if successful, will not demonstrate the invalidity of any outstanding criminal judgment against the plaintiff, the action should be allowed to proceed, in the absence of some other bar to the suit.” Heck, — U.S. at ---, 114 S.Ct. at 2372-73 (footnotes omitted).

It is well-settled that a cause of action exists under § 1983 for damages stemming from conditions of confinement that allegedly violate the Eighth Amendment; there is no per se bar to such a suit. See, e.g., Hudson v. McMillian, 503 U.S. 1,-, 112 S.Ct. 995, 999-1000, 117 L.Ed.2d 156 (1992); Wilson v. Setter, 501 U.S. 294, 301-03, 307-09, 111 S.Ct. 2321, 2326, 2329, 115 L.Ed.2d 271 (1991); Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 2399, 69 L.Ed.2d 59 (1981). Accordingly, we remand so that the district court may determine whether Chan-ner has sufficiently alleged that: (1) he was denied ‘“the minimal civilized measure of life’s necessities,’ ” Wilson, 501 U.S. at 298-99, 111 S.Ct. at 2324 (quoting Rhodes, 452 U.S. at 347, 101 S.Ct. at 2399) (“objective component”); and (2) defendants acted with “deliberate indifference” to his needs. Wilson, 501 U.S. at 303, 111 S.Ct. at 2326-27 (“subjective component”).

AffiRMED in part, Remanded in part.