Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
12-5-2008
Michael Greene v. Michael Barrasse
Precedential or Non-Precedential: Non-Precedential
Docket No. 08-2753
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"Michael Greene v. Michael Barrasse" (2008). 2008 Decisions. Paper 151.
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DLD-33 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-2753
MICHAEL GREENE,
Appellant
v.
MICHAEL BARRASSE; MARY ANNE GRIPPO;
COREY KOCHARNO; JASON MILLS; JAY RUANE
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 08-cv-00821)
District Judge: Honorable Edwin M. Kosik
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
November 14, 2008
Before: BARRY, AMBRO and SMITH, Circuit Judges
(Opinion filed: December 5, 2008)
OPINION
PER CURIAM
Michael Greene, a prisoner proceeding pro se, appeals from the District Court’s
order dismissing his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). We agree with the
decision of the District Court and will dismiss the appeal.
I
In 2006, Greene was convicted of aggravated assault in the Lackawanna County
Court of Common Pleas. As a result of his repeat offender status, he received a
mandatory sentence of life imprisonment.
Greene filed a civil rights action pursuant to 42 U.S.C. § 1983 in May 2008,
seeking damages for his current incarceration and for the conduct of various participants
in his criminal trial, including the trial judge, two prosecutors, and two police officers
who served as witnesses for the Commonwealth. Greene’s complaint alleges, inter alia:
(1) the Commonwealth improperly reopened his case; (2) prosecutorial misconduct; (3) a
conspiracy between prosecutors and the trial judge to permit witness perjury; (4)
deliberate misrulings by the trial judge to prejudice the jury against Greene; and (5)
purposeful destruction of exculpatory evidence.
II
A federal court must dismiss the complaint or appeal of a plaintiff proceeding in
forma pauperis if the action is “frivolous.” 28 U.S.C. § 1915(e)(2). The United States
Supreme Court clarified this standard in Neitzke v. Williams, 490 U.S. 319 (1989),
stating that a complaint is frivolous “where it lacks an arguable basis either in law or
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fact.” 490 U.S. at 325.
A plaintiff proceeding under § 1983 seeking damages “for allegedly
unconstitutional conviction or imprisonment, or for other harm caused by actions whose
unlawfulness would render a conviction or sentence invalid,” must demonstrate 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.” Heck v. Humphrey,
512 U.S. 477, 486-87 (1994). “[If] a judgment in favor of the plaintiff would necessarily
imply the invalidity of his conviction or sentence . . . the complaint must be dismissed
unless the plaintiff can demonstrate that the conviction or sentence has already been
invalidated.” Id. at 487.
We agree with the District Court that the relief Greene seeks would necessarily
imply the invalidity of his conviction. Because Greene has not demonstrated a successful
challenge to his conviction, his complaint is barred by Heck. Accordingly, Greene’s
complaint “lacks an arguable basis [] in law,” Neitzke, 490 U.S. at 325, and we will
dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
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