Cowan v. Quintanilla

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10536 Summary Calendar CHRISTOPHER COWAN, Plaintiff-Appellant, versus JAIME QUINTANILLA; PAUL COMPTON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:96-CV-166 - - - - - - - - - - November 12, 1997 Before JONES, SMITH and STEWART, Circuit Judges. PER CURIAM:* Christopher Cowan, Texas prisoner # 403565, challenges the district court’s dismissal of his civil rights suit pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). Cowan alleged that his due process rights were violated because he was denied the right to present certain evidence and witnesses on his behalf at several hearings and on one occasion, he pleaded not guilty to the disciplinary charge, but the hearing officer recorded that he had pleaded guilty. Favorable determination of these claims would necessarily imply the invalidity of the challenged * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-10536 -2- disciplinary hearing. Cowan has not shown that these disciplinary hearings have been called into question by a state or federal court, or otherwise invalidated. Accordingly, his claim for monetary damages for these alleged due process violations are not cognizable under § 1983. See Heck, 512 U.S. at 487; Edwards v. Balisok, 117 S. Ct. 1584, 1586 (1997). Furthermore, Cowan’s claims of inadequate reasons for excluding his evidence or for the punishment imposed in violation of prison rules are not cognizable under § 1983. Jackson v. Cain, 864 F.2d 1235, 1251-52 (5th Cir. 1989). The district court’s judgment concerning these claims is affirmed on that basis. See Bickford v. Int'l Speedway Corp., 654 F.2d 1028, 1031 (5th Cir. 1981). AFFIRMED.