United States District Court, S.D. Texas, Houston Division
MEMORANDUM OPINION AND ORDER
LAKE, UNITED STATES DISTRICT JUDGE.
plaintiff, Clinton Laru Ards, is currently in custody at the
Harris County Jail. Ards has filed a Prisoner's Civil
Rights Complaint under 42 U.S.C. § 1983
("Complaint") (Docket Entry No. 1), challenging his
continued detention as the result of an adverse parole
decision. Because Ards is incarcerated, the court is required
to scrutinize the claims and dismiss the Complaint, in whole
or in part, if the court determines that the Complaint
"is frivolous, malicious, or fails to state a claim upon
which relief may be granted, or seeks monetary relief from a
defendant who is immune from such relief." 28 U.S.C.
§ 1915A (b) (1) & (2) . After considering all of the
pleadings the court concludes that this case must be
dismissed for the reasons explained below.
records reflect that Ards is presently in custody at the
Harris County Jail as the result of his arrest for assault on
a family member in cause number 152771201010, which is
pending in the 177th District Court of Harris County,
Texas. In addition to these felony charges, the
Texas Board of Pardons and Paroles has filed a motion to
revoke Ards' parole in a previous case. As a result, a
"parole hold" has been imposed on his detention,
which has reportedly prevented him from posting a
has filed this lawsuit against Governor Greg Abbott and
several parole officials, including Pamela Thielke, Kimberly
Campbell, Patrick Embarro, L. McLain, and Leonardo
Pedraza. Ards insists that the parole hold has
resulted in his wrongful detention because he discharged his
underlying sentence on March 24, 2017.Invoking 42 U.S.C.
§ 1983, Ards seeks a declaratory judgment reflecting
that he completed his term of parole and $1 million in
damages for his wrongful incarceration.
rights plaintiff cannot obtain relief under 42 U.S.C. §
1983 based on allegations of "unconstitutional
conviction or imprisonment, or for other harm caused by
actions whose unlawfulness would render a conviction or
sentence invalid, " without first proving that the
challenged 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 [under] 28 U.S.C. § 2254."
Heck v. Humphrey, 114 S.Ct. 2364, 2372 (1994). The
rule in Heck applies to complaints about the fact or
duration of parole. See Littles v. Board of Pardons and
Paroles Division, 68 F.3d 122, 123 (5th Cir. 1995);
see also Jackson v. Vannoy, 49 F.3d 175, 177 (5th
evident from the pleadings that the challenged parole
decision has not been set aside or invalidated. Absent a showing
that the disputed parole decision has been invalidated or set
aside, Ards' claim for money damages is precluded by the
rule in Heck. See Littles, 68 F.3d at 123.
Any claim for declaratory or injunctive relief is likewise
precluded. See Clarke v. Stalder, 154 F.3d 186,
190-91 (5th Cir. 1998). As a result, the Complaint must be
dismissed with prejudice for failure to state a claim upon
which relief can be granted under § 1983. See
Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996)
(explaining that claims barred by Heck are
"dismissed with prejudice to their being asserted again
until the Heck conditions are met").
Conclusion and Order
on the foregoing, the court ORDERS as
1. The Prisoner's Civil Rights Complaint filed by-Clinton
Laru Ards (Docket Entry No. 1) is DISMISSED WITH
2. The dismissal will count as a strike for purposes of 28
U.S.C. § 1915(g) .
3. Officials at the Harris County Jail are directed to
deduct the filing fee for indigent litigants ($350.00) from
the Inmate Trust Fund account of Clinton Laru Ards (SPN
#01088273) in periodic installments pursuant to 28 U.S.C.
§ 1915(b), and forward those funds to the Clerk of Court
until the entire fee is paid.
Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the plaintiff. The Clerk will also
provide a copy of this order by regular mail or electronic
mail to: (1) the Harris County Jail Inmate Trust Fund, Attn:
Sergeant Tom Katz, 1200 Baker Street, Houston, Texas 77002,
phone: 713-755-8436, fax: 713-755-4546; and (2) the Three
Strikes List at ThreeStrikes@txs.