Filed: Oct. 30, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1523 _ Kristy Cunningham lllllllllllllllllllll Plaintiff - Appellant v. Leona Bates, in her Individual Capacity; Dennis Smith, in his Individual Capacity; David Kennedy, in his Individual Capacity; Daniel R. Bullock, in his Individual Capacity; Spring Henson Gray, in her Individual Capacity; Donald Duncan, in his Individual Capacity; Rick Baker, in his Individual Capacity; The City of Farmington, Missouri; St. Francois County, Missou
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1523 _ Kristy Cunningham lllllllllllllllllllll Plaintiff - Appellant v. Leona Bates, in her Individual Capacity; Dennis Smith, in his Individual Capacity; David Kennedy, in his Individual Capacity; Daniel R. Bullock, in his Individual Capacity; Spring Henson Gray, in her Individual Capacity; Donald Duncan, in his Individual Capacity; Rick Baker, in his Individual Capacity; The City of Farmington, Missouri; St. Francois County, Missour..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-1523
___________________________
Kristy Cunningham
lllllllllllllllllllll Plaintiff - Appellant
v.
Leona Bates, in her Individual Capacity; Dennis Smith, in his Individual Capacity;
David Kennedy, in his Individual Capacity; Daniel R. Bullock, in his Individual
Capacity; Spring Henson Gray, in her Individual Capacity; Donald Duncan, in his
Individual Capacity; Rick Baker, in his Individual Capacity; The City of
Farmington, Missouri; St. Francois County, Missouri
lllllllllllllllllllll Defendants - Appellees
Police Officer John Doe, City of Farmington Police Officer
lllllllllllllllllllll Defendant
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: October 18, 2017
Filed: October 30, 2017
[Unpublished]
____________
Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.
____________
PER CURIAM.
Kristy Cunningham appeals after the district court1 adversely granted judgment
on the pleadings, under Federal Rule of Civil Procedure 12(c), in her 42 U.S.C.
§ 1983 action. Upon de novo review, see Montin v. Moore,
846 F.3d 289, 293 (8th
Cir. 2017) (reviewing de novo a grant of a Rule 12(c) motion), we conclude that the
district court properly determined that Cunningham’s claims for damages were barred
under Heck v. Humphrey,
512 U.S. 477, 486-87 (1994) (stating that if a judgment in
favor of the plaintiff would necessarily imply the invalidity of a conviction or
sentence, the complaint must be dismissed unless the plaintiff can demonstrate that
the conviction or sentence has already been invalidated). Accordingly, we affirm.
See 8th Cir. R. 47B.
______________________________
1
The Honorable Rodney W. Sippel, Chief Judge, United States District Court
for the Eastern District of Missouri.
-2-