UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
NOSHIR GOWADIA, )
)
Plaintiff, )
)
v. ) Civil Action No. 13-01991 (RDM)
)
INTERNAL REVENUE SERVICE et al, )
)
,)
Defendants. )
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MEMORANDUM OPINION
Plaintiff, a former defense contractor, was convicted in the United States District Court
for the District of Hawaii of multiple counts for violations of the Arms Export Control and
'
Espionage Acts, tax fraud, and money laundering. See United States v. Gowadia, 760 F.3d 989,
990 (9th Cir. 2014). Plaintiff appealed the export control- and espionage-related convictions to
the Ninth Circuit, which affirmed. Id.
While Plaintiffs appeal was pending, he filed this civil lawsuit against the Internal
Revenue Service ("IRS") and two IRS agents (collectively, "Defendants."). His prose complaint
alleges that his tax fraud convictions were based on "knowingly falsified" information. Compl.
pp. 3-10. He seeks eighteen million dollars in damages under Bivens v. Six Unknown Named
Agents ofFederal Bureau ofNarcotics, 403 U.S. 388 (1971), for the violation of his civil rights.
Plaintiff has filed two similar actions in this district against different federal agencies, both of
which were summarily dismissed. See Gowadia v. Federal Bureau ofInvestigation, 2014 U.S.
Dist. LEXIS 63357 (D.D.C., April 23, 2014) (dismissing suit for forty-five million dollars in
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damages); Gowadia v. United States Air Force, 2014 U.S. Dist. LEXIS 57418 (D.D.C., April 23,
2014) (dismissing suit for one hundred and ten million dollars in damages), aff'd, 587 F. App'x
660, 661 (D.C. Cir. 2014). Plaintiff also brought a civil action in the District of Hawaii alleging
that his criminal convictions and the civil forfeiture of his home were obtained through the use of
fabricated evidence, prosecutorial misconduct and a conspiracy involving federal prosecutors and
others. That suit was also dismissed. Gowadia v. Sorenson, 2014 U.S. Dist. LEXIS 98262 (D.
Haw., July 18, 2014), aff'd, Appeal No. 14-16556 (9th Cir., Feb 26, 2015).
This matter is currently before the Court on Defendants' motion to dismiss. Among other
defenses, Defendants argue that this action is barred by Heck v. Humphrey, 512 U.S. 477 (1994),
because success on Plaintiffs Bivens claim would necessarily imply that his convictions are
invalid. For the reasons stated below, the Court agrees.
In Heck, a state prisoner sought damages based on the allegedly unlawful conduct of the
officials he held responsible for his conviction. The Supreme Court held that the damages claim
was not cognizable: "[I]n order to recover damages for 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." 512 U.S. at 486-87. A "district court must consider whether a judgment
in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it
would, the complaint must be dismissed unless the plaintiff can demonstrate that the conviction
or sentence has already been invalidated." Id. at 487. In contrast, a plaintiffs action "should be
allowed to proceed" where, "even if successful," it would "not demonstrate the invalidity of any
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outstanding criminal judgment against the plaintiff." Taylor v. United States Probation Office,
409 F.3d 426, 429 (D.C. Cir. 2005) (citation and quotation marks omitted).
While Heck involved claims for damages under 42 U.S.C. § 1983, "[t]he rationale of
Heck applies equally to claims against federal officers in Bivens actions." Williams v. Hill, 74
F.3d 1339, 1340 (D.C. Cir. 1996) (per curiam). The premise of Plaintiffs suit is that he was
wrongfully convicted on the basis of fabricated evidence and testimony provided by Defendants.
Thus, Plaintiffs Bivens claims, "if successful, would necessarily imply the invalidity of [his]
conviction[s]." Taylor, 409 F.3d at 427. Because Plaintiffs convictions have not been
invalidated in any prior proceeding, Heck bars this suit. Id.; see Heck, 512 U.S. at 487.
Plaintiff does not dispute that success on his damages claims would necessarily imply
that his criminal convictions are invalid. 1 Instead, he argues that Heck is unconstitutional and
cannot, consistent with the Framer's intent, preclude him from pursing a claim for damages
based on the alleged use of fabricated evidence at his trial. Plaintiff raised the same contention in
his appeal in Gowadia v. United States Air Force, No. 14-5154 (D.C. Cir.). There, the Court of
Appeals rejected his argument in an unpublished opinion, concluding that the Court of
Appeals-like this Court-is "bound by the Supreme Court's decision in H eek." 587 F. App' x
at 661. Regardless of the precedential weight to be accorded an unpublished decision of the
Court of Appeals, see D.C. Cir. R. 36(e)(2) ("[A] panel's decision to issue an unpublished
disposition means that the panel sees no precedential value in that disposition."), see also Martin
v. D.C., 2015 U.S. Dist. LEXIS 7593, 70-71 (D.D.C. Jan. 23, 2015), it is clearly binding on Mr.
1
The Court cautioned Plaintiff that failure to address the arguments presented in Defendants'
motion to dismiss carried the risk that this case might be dismissed and that unaddressed
arguments might be treated as conceded, and granted Plaintiff leave to file a supplemental
response. Dkt. No. 14; see Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988); Neal v. Kelly, 963
F.2d453, 456-57 (D.C. Cir. 1992). Plaintiff did not file a supplemental response.
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Gowadia, see Taylor v. Sturgell, 553 U.S. 880, 892 (2008) ("Issue preclusion ... bars successive
litigation of an issue of fact or law actually litigated and resolved in a valid court determination
essential to the prior judgment, even if the issue recurs in the context of a different claim.")
(internal quotation marks omitted); National Classification Comm. v. United States, 765 F.2d
164, 170 (D.C. Cir. 1985) (giving preclusive effect to an unpublished decision of the Court of
Appeals). And, in any event, the reasoning of the Court of Appeals is unquestionably correct and
dispositive. This Court, like all other lower courts, is "bound by the Supreme Court's decision in
Heck." Gowadia, 587 Fed. App'x at 661; see, e.g., Rodriguez de Quijas v. Shearson/American
Express, Inc., 490 U.S. 477, 484 (1989) (explaining that lower courts must "follow the case
which directly controls, leaving to [the Supreme] Court the prerogative of overruling its own
decisions."). Finally, to the extent Plaintiff believes that Heck "makes it difficult or impossible
to overturn" his allegedly false convictions, Dkt. No. 13, at 3, he is mistaken: Heck merely
prevents him from claiming damages based on convictions that have not been invalidated.
The Court is mindful that pro se complaints should be liberally construed. However,
even if Plaintiffs complaint could be construed as a Section 2255 challenge to the validity of the
underlying convictions, it would still have to be dismissed because this is not the proper forum.
A federal prisoner who wishes to challenge the validity of a federal conviction or sentence
should "move the court which imposed the sentence to vacate, set aside or correct the sentence."
28 U.S.C. § 2255(a). Thus, Plaintiff may only bring a Section 2255 challenge to his conviction
in the U.S. District Court for the District of Hawaii- and, indeed, he has already done so. See
Gowadia v. United States, Case No. 14-cv-00481, Dkt. No. 2-2 (D. Haw., Oct. 23, 2014).
Accordingly, there is no basis for this Court to treat this lawsuit as a challenge to Plaintiffs
conviction under Section 2255.
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For the reasons stated above, the Court will DISMISS the case for failure to state a claim
upon which relief may be granted. 2 This dismissal is without prejudice to Plaintiffs right to file
a new action, if and when he can satisfy the requirements recognized in Heck (for example,
should he succeed in obtaining vacatur of his convictions in an appropriate proceeding). See
Anderson v. United States, 96 F. App'x 723, 724 (D.C. Cir. 2004) (per curiam).
An appropriate Order accompanies this Memorandum Opinion.
United States District Judge
Date: April 6, 2015
2
In light of this disposition, the Court does not reach the question whether Plaintiffs complaint
states a valid Bivens claim or Defendants' remaining arguments for dismissal.
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