heck humphrey argued april decided june petitioner heck direct appeal indiana conviction pending filed suit seeking damages injunctive relief release custody claim respondents acting color state law engaged unlawful acts led arrest conviction federal district dismissed action without prejudice indiana upheld heck conviction sentence two petitions federal habeas relief rejected appeals affirmed dismissal complaint approved district reasoning plaintiff federal civil rights action challenging legality conviction victory require release even sought relief suit must classified habeas corpus action dismissed plaintiff failed exhaust state remedies held order recover damages allegedly unconstitutional conviction imprisonment harm caused actions whose unlawfulness render conviction sentence invalid plaintiff must prove conviction sentence reversed direct appeal expunged executive order declared invalid state tribunal authorized make determination called question federal issuance writ habeas corpus claim damages bearing relationship conviction sentence invalidated cognizable preiser rodriguez wolff mcdonnell distinguished foregoing conclusion follows upon recognition common law torts provides appropriate page ii starting point inquiry see carey piphus tort malicious prosecution provides closest analogy claims type considered requires allegation proof termination prior criminal proceeding favor accused see carpenter nutter long concerned judgments final consistent disinclined expand opportunities collateral attack criminal convictions see parke raley although issue cases therefore exhaustion state remedies dismissal heck action correct courts found damages claims challenged legality conviction pp affirmed scalia delivered opinion rehnquist kennedy thomas ginsburg joined thomas filed concurring opinion souter filed opinion concurring judgment blackmun stevens joined heck humphrey justice scalia delivered opinion case presents question whether state prisoner may challenge constitutionality conviction suit damages petitioner roy heck convicted indiana state voluntary manslaughter killing rickie heck wife serving sentence indiana prison appeal conviction pending petitioner proceeding pro se filed suit federal district naming defendants respondents james humphrey robert ewbank dearborn county prosecutors michael krinoph investigator indiana state heck humphrey police complaint alleged respondents acting color state law engaged unlawful unreasonable arbitrary investigation leading petitioner arrest knowingly destroyed evidence exculpatory nature proved petitioner innocence caused illegal unlawful voice identification procedure used petitioner trial app complaint sought among things compensatory punitive monetary damages ask injunctive relief petitioner sought release custody action district dismissed action without prejudice issues raised directly implicate legality petitioner confinement petitioner appeal seventh circuit pending indiana upheld conviction sentence direct appeal heck state ind first petition writ habeas corpus federal district dismissed contained unexhausted claims second federal habeas petition denied denial affirmed seventh circuit seventh circuit reached petitioner appeal dismissal complaint affirmed judgment approved reasoning district regardless relief sought plaintiff federal civil rights action challenging legality conviction case heck humphrey state obliged release even sought relief suit classified application habeas corpus plaintiff must exhaust state remedies pain dismissal fails heck filed petition certiorari granted ii case lies intersection two fertile sources federal prisoner litigation civil rights act rev stat amended federal habeas corpus statute provide access federal forum claims unconstitutional treatment hands state officials differ scope operation general exhaustion state remedies prerequisite action patsy board regents emphasis added even action state prisoner federal habeas corpus statute contrast requires state prisoners first seek heck humphrey redress state forum see rose lundy preiser rodriguez considered potential overlap two provisions held habeas corpus exclusive remedy state prisoner challenges fact duration confinement seeks immediate speedier release even though claim may come within literal terms emphasize preiser create exception exhaustion rule merely held certain claims state prisoners cognizable provision must brought habeas corpus proceedings contain exhaustion requirement case clearly covered holding preiser petitioner seeks immediate speedier release monetary damages sought obtained fully effective relief federal habeas corpus proceedings see also allen mccurry dictum however preiser asserted since state prisoner seeking damages attacking something fact length confinement seeking something immediate speedy release damages action state prisoner brought federal without requirement prior exhaustion state remedies statement may true however establishing heck humphrey basis damages claim necessarily demonstrates invalidity conviction situation claimant said attacking fact length confinement bringing suit within dictum preiser congress determined habeas corpus appropriate remedy state prisoners attacking validity fact length confinement specific determination must override general terms last analysis think dicta preiser unreliable unintelligible guide opinion cause address carefully consider damages question us today addressing question respond petitioner contention already answered wolff mcdonnell see reply brief petitioner first wolff answered question expressly reserved years later tower glover see secondly careful reading wolff support contention like preiser wolff involved challenge procedures used state prison officials deprive prisoners credits complaint sought restoration credits well damages deprivation civil rights resulting use allegedly unconstitutional procedures wolff supra said holding claim credits foreclosed preiser damages claim nonetheless properly district required determination validity procedures employed imposing sanctions including loss good time petitioner contends language authorized plaintiffs wolff recover damages measured actual loss good time think light earlier language characterizing claim heck humphrey one damages deprivation civil rights rather damages deprivation credits think passage recognized claim using wrong procedures reaching wrong result denying credits indication opinion reason believe using wrong procedures necessarily vitiated denial credits thus claim issue wolff call question lawfulness plaintiff continuing confinement see fulford klein adhered en banc schwartz preiser puzzle continued frustrating conflict civil rights habeas corpus remedies state prisoners depaul thus question posed damage claims call question lawfulness conviction confinement remains open answer question correctly see need abandon seventh circuit courts agreement done teaching contains exhaustion requirement beyond congress provided patsy issue respect monetary damages challenging conviction seems us exhaustion rather issue respect injunctive relief challenging conviction preiser whether claim cognizable conclude repeatedly noted creates species tort liability memphis community school dist stachura internal quotation marks omitted ver centuries common law torts developed set rules implement principle person compensated fairly injuries caused violation legal rights rules defining elements heck humphrey damages prerequisites recovery provide appropriate starting point inquiry well carey piphus thus determine whether bar present suit look first common law torts cf stachura supra one element must alleged proved malicious prosecution action termination prior criminal proceeding favor accused prosser keeton supra carpenter nutter cal requirement avoids parallel litigation issues probable cause guilt precludes possibility claimant sic succeeding tort action convicted underlying criminal prosecution contravention strong judicial policy creation two conflicting resolutions arising identical transaction speiser krause gans american law torts furthermore permit convicted criminal defendant heck humphrey proceed malicious prosecution claim permit collateral attack conviction vehicle civil suit ibid long expressed heck humphrey similar concerns finality consistency generally declined expand opportunities collateral attack see parke raley teague lane rooker fidelity trust voorhees jackson pet think hoary principle civil tort actions appropriate vehicles challenging validity outstanding criminal judgments applies damages actions necessarily require plaintiff prove unlawfulness conviction confinement always applied actions malicious prosecution heck humphrey hold order recover damages allegedly unconstitutional conviction imprisonment harm caused actions whose unlawfulness render conviction sentence invalid plaintiff must prove conviction sentence reversed direct appeal expunged executive order declared invalid state tribunal authorized make determination called question federal issuance writ habeas corpus claim damages bearing relationship conviction sentence invalidated cognizable thus state prisoner seeks damages suit district must consider whether judgment favor plaintiff necessarily imply invalidity conviction sentence complaint must dismissed unless plaintiff demonstrate conviction sentence already invalidated district determines plaintiff action even successful demonstrate heck humphrey invalidity outstanding criminal judgment plaintiff action allowed proceed absence bar suit respondents urged us adopt rule one respect broader exhaustion state remedies required contended success damages suit necessarily show conviction sentence unlawful whenever judgment action resolve necessary element likely challenge conviction even need determine conviction invalid brief respondent broad sweep needed respondents contended lest judgment prisoner favor heck humphrey damage action claiming example fourth amendment violation given preclusive effect subsequent state postconviction proceeding preclusion might result asserted state exercised sufficient control officials defense action see montana occasion rule matter time least plain preclusion necessarily automatic even permissible effect another respect however holding sweeps broadly approach respondents urged engraft exhaustion requirement upon rather deny existence cause action even heck humphrey prisoner fully exhausted available state remedies cause action unless conviction sentence reversed expunged invalidated impugned grant writ habeas corpus makes unnecessary us address statute limitations issue wrestled appeals concluded federal doctrine equitable tolling apply cause action state challenges conviction sentence exhausted distinguished cases holding state federal tolling provisions apply actions see board regents univ tomanio hardin straub ground petitioner claim part one habeas corpus analysis statute limitations poses difficulty state challenges pursued since claim yet arisen cause action malicious prosecution accrue criminal proceedings terminated plaintiff favor corman limitation actions carnes atkins la also cause action damages attributable unconstitutional conviction sentence accrue conviction sentence invalidated heck humphrey applying principles present action courts found damage claims challenged legality conviction find dismissal action correct judgment appeals seventh circuit affirmed footnotes neither petition certiorari principal brief merits petitioner contest description monetary claims district appeals challenging legality conviction thus question understood us whether money damages premised unlawful conviction pursued petitioner sought challenge premise reply brief contending heck humphrey findings validating damages claims invalidate conviction see reply brief petitioner argument comes late take case review issue accept characterization lower courts also decline pursue without implying nonexistence another issue suggested appeals statement petitioner conviction proper suit likelihood barred res judicata res judicata effect state decisions actions matter state law see migra warren city school dist bd title provides application writ habeas corpus behalf person custody pursuant judgment state shall granted unless appears applicant exhausted remedies available courts state either absence available state corrective process existence circumstances rendering process ineffective protect rights prisoner justice souter criticizes reliance malicious prosecution favorable termination requirement illustrative common law principle barring tort plaintiffs mounting collateral attacks outstanding criminal convictions malicious prosecution inapt analogy says defendant conviction reconstruction era common law dissolved claim malicious prosecution conviction regarded irrebuttable evidence prosecution never lacked probable cause post citing cooley law torts chief justice cooley doubt intended merely set forth general rule conviction defeated malicious prosecution plaintiff allegation essential cause action prior proceeding without probable cause absolute rule jurisdictions see goodrich warner richter koster ind early recognized must exceptions rule cases involving circumstances fraud perjury mistake law see burt place wend witham gowen olson neal iowa cases even held conviction although afterwards reversed prima facie evidence existence probable cause neher dobbs neb collecting cases crescent city live stock butchers union recognized ow much weight proof probable cause shall attributed judgment original action subsequently reversed error may admit question attempted reconcile apparent contradiction authorities observing presumption probable cause arising conviction rebutted showing conviction obtained type fraud ibid although ultimately held malicious prosecution defendant discussion case well establishes absolute rule justice souter contends exist yet even justice souter correct asserting prior conviction although reversed dissolved claim malicious prosecution post analysis unaffected simply demonstrate common law action even malicious heck humphrey prosecution permit criminal proceeding impugned tort action even conviction reversed anything strengthen belief borrowed general tort principles meant permit collateral attack justice souter discussion abuse process post undermine principle true favorable termination prior proceedings element cause action neither impugning proceedings one consequences gravamen tort wrongfulness prosecution extortionate perversion lawfully initiated process illegitimate ends see donohoe const mount vernon see also speiser krause gans american law torts cognizable injury abuse process limited harm caused misuse process include harm conviction confinement resulting process carried lawful conclusion thus one seek compensatory damages outstanding criminal conviction action abuse process one malicious prosecution limitation illustrated mcgann allen held expenses incurred plaintiff defending crimes charged compensable suit abuse process since amage abuse process must confined damage flowing heck humphrey abuse confined period time involved taking plaintiff arrest defendant store detention example latter category action seek damages directly attributable conviction confinement whose successful prosecution necessarily imply plaintiff criminal conviction wrongful following state defendant convicted sentenced crime resisting arrest defined intentionally preventing peace officer effecting lawful arrest common definition offense see people peacock torcia wharton criminal law ed brings action arresting officer seeking damages violation fourth amendment right free unreasonable seizures order prevail action negate element offense convicted regardless state law concerning res judicata see supra action lie example suit damages attributable allegedly unreasonable search may lie even challenged search produced evidence introduced state criminal trial resulting plaintiff conviction doctrines like independent source inevitable discovery see murray especially harmless error see arizona fulminante action even successful necessarily imply plaintiff conviction unlawful order recover compensatory damages however plaintiff must prove search unlawful caused actual compensable injury see memphis community school dist stachura hold today encompass injury convicted imprisoned conviction overturned example state criminal defendant brings federal civil rights lawsuit pendency criminal trial appeal state habeas action abstention may appropriate response parallel state proceedings see colorado river water conservation dist moreover decide whether abstention might appropriate cases state prisoner brings damages suit raising issue also grounds relief state challenge conviction sentence cf tower glover state courts bound apply federal rules determining preclusive effect federal decisions issues federal law see bator meltzer mishkin shapiro hart wechsler federal courts federal system ed clear federal decided federal question federal res judicata rules govern deposit bank frankfort stoll gottlieb federal rules subject issue claim preclusion unlike relating exhaustion state remedies almost entirely hart wechsler supra see also burbank interjurisdictional preclusion full faith credit federal common law general approach cornell developing courts indeed guided federal policies reflected congressional enactments cf moragne marine lines see also mendoza recognizing exception general principles res judicata light overriding federal policy concerns thus preclusion rules may judicial application categorical mandate may see patsy board regents take account policy embodied exhaustion requirement see rose lundy state courts given first opportunity review constitutional claims bearing upon state prisoners release custody justice souter also adopts common law principle one use device civil tort action challenge validity outstanding criminal conviction thinks necessary abandon principle cases real life example comes mind involving former state prisoners longer custody bring challenges post think principle barring collateral attacks longstanding deeply rooted feature common law jurisprudence rendered inapplicable fortuity convicted criminal longer incarcerated justice souter opines disallowing damages suit former state prisoner heck humphrey framed ku klux state officials hard indeed reconcile purpose justice souter appears suggest goal interpretive enterprise provide remedy conceivable invasions federal rights freedmen may suffered hands officials former confederacy entire landscape jurisprudence look different example adopted rule judicial officers absolute immunity liability damages pierson ray rule prevent recovery former slave tried convicted corrupt state judge league ku klux klan heck humphrey justice thomas concurring justice souter correctly begin analyses realization case lies intersection civil rights act amended federal habeas corpus statute ante post one need read respective opinions case understand difficulty task today justice souter embark similar enterprise harmonizing broad language general statute specific federal habeas corpus statute preiser rodriguez write separately note put habeas statute justice souter appropriately terms collision course post long recognized expanded prerogative writ habeas corpus far beyond limited scope either originally intended wright west opinion thomas habeas golden state transit los angeles kennedy dissenting expanding two historic statutes brought squarely conflict context suits state prisoners made clear preiser heck humphrey given created tension two statutes proper devise limitations aimed ameliorating conflict provided principled fashion cf malley briggs today limits scope manner consistent federalism concerns undergirding explicit exhaustion requirement habeas statute post state common law time enacted ante join opinion heck humphrey justice souter justice blackmun justice stevens justice join concurring judgment begins analysis observing case lies intersection two fertile sources federal prisoner litigation civil rights act federal habeas corpus statute two statutes provide access federal forum claims unconstitutional treatment hands state officials differ ing scope operation ante instead analyzing statutes determine yield intersection appears take position statutes never collision course first place like common law tort malicious prosecution requires presumably always required plaintiffs seeking damages unconstitutional conviction confinement show favorable termination underlying proceeding see ante object referring common law resolving question case presents think existence tort malicious prosecution alone provides answer common law tort rules provide starting point inquiry heck humphrey carey piphus relied common law cases thought consistent ordinary rules statutory construction common law principles textual support provisions civil rights act see damages principles fundamental widely understood time enacted congress presumed abrogated silently see tenney brandhove immunity pierson ray time consistently refused allow common law analogies displace statutory analysis declining import even well settled common law rules statute history purpose counsel applying rules actions wyatt cole see also tower glover cf anderson creighton never suggested precise contours official immunity slavishly derived often arcane rules common law heck humphrey examination common law sources arguably relevant case confirms soundness hierarchy principles resolving questions concerning common law merely starting point analysis destination unless authority choose common law requirements like discard others principle compel us accept elements cause action malicious prosecution tort favorable termination requirement elements tort coherently transplanted addition proving favorable termination plaintiff malicious prosecution action according sources relies upon must prove bsence probable cause proceeding well alice primary purpose bringing offender justice keeton dobbs keeton owen prosser keeton law torts ed see also speiser krause gans american law torts requirements however elements mean even plaintiff whose conviction invalidated heck humphrey unconstitutional premised example confession coerced interrogation room beating obtain damages unconstitutional conviction ensuing confinement defendant police officials perhaps prosecutor probable cause believe plaintiff guilty intended bring justice absent independent statutory basis importing malicious prosecution tort favorable termination requirement probable cause requirement particularly odd since latter former derives see prosser keeton supra requirement criminal prosecution terminate favor malicious prosecution plaintiff primarily important independent element malicious prosecution action shows probable cause guilt fact bigelow leading cases law torts action malicious prosecution maintained prosecution terminated otherwise plaintiff might obtain judgment one case yet convicted course disprove averment want probable cause addition common law master statutory analysis servant switch metaphors find two masters contend subject tort malicious prosecution tort abuse process well see wyatt cole supra slip calling two actions closely analogous torts latter making unnecessary plaintiff prove proceeding terminated favor prosser keeton supra suggests tort malicious prosecution provides closest analogy claims type considered permits damages confinement imposed pursuant legal process ante heck humphrey appears true tort abuse process see restatement second torts illustration indicating person causing issue writ capias someone lent money caused borrower arrested kept prison properly held liable arrest imprisonment lender purpose using legal process wrongful regardless favorable termination want probable cause furthermore even tort malicious prosecution today marginally analogous torts type claim class cases us alone may permit damages unlawful conviction postconviction confinement see infra overlooks significant historical incongruity calls question utility analogy tort malicious prosecution insofar used exclusively determine scope damages sought type claim involved damages unlawful conviction postconviction confinement available action malicious prosecution time enactment defendant conviction reconstruction era common heck humphrey law dissolved claim malicious prosecution conviction regarded irrebuttable evidence prosecution never lacked probable cause see cooley law torts defendant convicted first instance appeals acquitted appellate conviction conclusive probable cause thus definition favorable termination framers aware aware definition included none events relevant type claim involved case revers al direct appeal expunge ment executive order declar ation invalid ity state tribunal authorized make determination call ing question federal issuance writ habeas corpus ante easy see analogy tort malicious prosecution context escaped collective wisdom many courts commentators previously addressed issue well parties case indeed relying tort malicious prosecution dictate outcome case logically drive one position untenable matter statutory interpretation clear disclaimed conviction crime wipes person claim damages unconstitutional conviction confinement heck humphrey however strait enquiry case may follow interpretive methodology employed preiser rodriguez methodology uniformly applied courts appeals analyzing analogous cases see young kenny preiser read general statute light specific federal habeas corpus statute applies person custody habeas statute policy embodied exhaustion requirement state courts given first opportunity review constitutional claims bearing upon state prisoner release custody though contrast preiser state prisoner seeks damages release custody distinction makes difference damages sought unconstitutional conviction confinement explains nothing preiser wolff mcdonnell properly read holding relief sought action dictates whether state prisoner proceed immediately federal see heck humphrey ante whether federal damages judgment state officials action preclusive effect later litigation state mounting damages defendant officials unlawful confinement damages almost certainly paid state indemnification practically compel state release prisoner allowing state prisoner proceed directly federal attack conviction sentence wholly frustrate explicit congressional intent declared habeas exhaustion requirement preiser statutory scheme must read precluding attacks conclusion flows preference habeas statutes written recognition congress determined habeas corpus appropriate remedy state prisoners attacking validity fact length confinement specific determination must override general terms leaves question implement statutory analysis requires point malicious prosecution tort favorable termination requirement becomes helpful dictating elements cause action suggesting relatively simple way avoid collisions intersection habeas state prisoner may seek federal damages unconstitutional conviction confinement previously established unlawfulness conviction confinement appeal habeas effect requiring state prisoner challenging lawfulness confinement follow habeas rules seeking damages unlawful confinement federal ultimately holding today neatly resolves problem bedeviled lower courts see decision heck humphrey young kenny supra discussing cases legal commentators see schwartz preiser puzzle depaul listing articles law students doubtless run case like law school exams favorable termination requirement avoids knotty statute limitations problem arises federal courts dismiss suits filed inmate pursues federal habeas statute limitations clock start ticking inmate conviction set aside without requiring federal courts stay therefore retain dockets prematurely filed suits see ante heck humphrey may analysis takes thus go objection may opinion style substance acknowledges habeas exhaustion requirement explains reason habeas statute intersect case require exhaustion see ante describes issue faces preiser ante recites principle common law tort rules provide appropriate starting point inquiry ante quoting carey piphus transpose onto elements malicious prosecution tort incompatible policies habeas statute relevant claims state prisoners opinion read saying nothing enactment habeas statute prison inmates seeking damages federal unconstitutional conviction confinement must satisfy requirement analogous malicious prosecution tort favorable termination requirement cf ante thomas concurring sensible way read opinion part alternative needlessly place risk rights outside intersection habeas statute individuals custody habeas purposes individuals people merely fined example completed short terms imprisonment probation parole discover fault constitutional violation full expiration sentences like state prisoners required show prior invalidation convictions sentences order obtain damages unconstitutional conviction imprisonment result deny federal forum claiming deprivation federal rights first obtain favorable state ruling heck humphrey reason course individuals custody invoke federal habeas jurisdiction statutory mechanism besides individuals may sue state officials federal violating federal rights untoward result one thing adopt rule forces prison inmates follow federal habeas route claims fall within plain language necessary prevent requirement habeas statute undermined preiser rodriguez rule state prisoners harmonizing habeas statute requiring state prisoner seeking damages unconstitutional conviction establish previous invalidation conviction run afoul called repeatedly purpose interpose federal courts people guardians people federal rights mitchum foster see also pulliam allen patsy board regents florida prisoner caught intersection habeas statute still attack lawfulness conviction confinement heard federal albeit one sitting habeas depending circumstances may able obtain damages entirely different matter however shut federal courts altogether claims fall within plain language rrespective common law support general rule disfavoring collateral attacks lacks authority thing absent unambiguous congressional direction reading exclude claims federal run counter history defeat statute purpose wyatt cole heck humphrey consider case former slave framed ku klux law enforcement officers convicted state example raping white woman suppose unjustly convicted defendant discover proof unconstitutionally release state custody correct say independently requires person custody establish prior invalidation conviction equally right tell former slave seek federal relief even law enforcement officers framed unless first managed convince state courts conviction unlawful result hard indeed reconcile either purpose origins popularly known ku klux act collins hardyman statute enacted part concern many state courts league bent upon abrogation federally protected rights mitchum foster cf cong globe trumbull explaining civil rights act federal government right set aside action state authorities deprives person fourteenth amendment rights also result unjustified habeas statute enactment see policy reflected congressional enactment justify denying individual today federal damages significantly less disruptive remedy order compelling release custody merely unconstitutionally fined state person discovers release prison example state officials deliberately withheld exculpatory material absent statutory policy surely common law give us heck humphrey authority narrow broad language speaks deprivations constitutional rights privileges immunities person acting color state law given full effect recognizing provide remedy broadly construed forms official violation federally protected rights dennis higgins quoting monell new york city dept social services sum malicious prosecution analogy provides useful mechanism implementing statutory analysis requires congressional policy reflected enacted statutes must ultimately guide thus clear proper resolution case involving course state prisoner construe light habeas statute explicit policy exhaustion cast doubt ability individual unaffected habeas statute take advantage broad reach recent opinion wyatt cole summarized manner analyzed relationship common law context immunity section creates species tort liability face admits immunities imbler pachtman nonetheless accorded certain government officials either absolute qualified immunity suit tradition immunity firmly rooted common law supported strong policy reasons congress specifically provided wished abolish doctrine owen city independence quoting pierson ray parties seeking immunity shielded tort liability congress enacted civil rights act heck humphrey codified infer legislative silence congress intend abrogate immunities imposed liability actions taken color state law see tower glover imbler supra pulliam allen additionally irrespective common law support recognize immunity available common law history purpose counsel applying actions tower supra see also imbler supra concurrence justice kennedy stated must remembered unlike common law judges whose doctrines adopt devising limitations remedial statute enacted congress face provide immunities quoting malley briggs emphasis added malley observes differences tort abuse process malicious prosecution ante gist tort malicious prosecution commencing action causing process issue without justification abuse process involves misusing misapplying process justified end designed accomplish prosser keeton supra neither common law tort however precisely matches statutory claim damages unlawful conviction confinement depending nature underlying right alleged violated consider example right selected prosecution solely one race tort abuse process might provide better analogy claim unconstitutional conviction confinement malicious prosecution tort traditional common law requirements appear liberalized years see prosser keeton supra considerable minority view regards conviction creating presumption may rebutted competent evidence showing probable cause prosecution fact exist strengthening analogy draws surely view single tort late form conclusively retroactively dictate requirements statute discrete category cases defending historical analogy suggests chief justice cooley mean clearly heck humphrey said despite cooley treatise reconstruction era common law recognized limited exception rule denying malicious prosecution plaintiff benefit invalidation conviction exception convictions obtained type fraud ante citing crescent live stock butchers union even narrow exception existed however tort malicious prosecution stood century still make weak analogy statutory action even accepts defendants whose convictions reversed violating righ secured constitution may obtain damages unlawful confinement associated conviction assuming course immunity bar course existence exception explain one element malicious prosecution action may imported others requirement state prisoner seeking damages unlawful conviction confinement successful state federal habeas strikes soundly rooted statutory scheme congress determined habeas corpus appropriate remedy state prisoners attacking validity fact length confinement specific determination override general terms preiser rodriguez state prisoner whose constitutional attacks confinement rejected state courts said unlawfully confined unless federal habeas declares custody violation constitution laws treaties unsuccessful federal habeas petitioner therefore consistently habeas statute receive damages unlawful confinement say however state prisoner whose request release rejected state courts federal habeas necessarily barred seeking damages violations constitutional rights judgment favor demonstrate invalidity confinement outside habeas statute may seek damages constitutional violation even without showing favorable termination state prisoner may example seek damages unreasonable search produced evidence lawfully harmlessly admitted trial even nominal damages say violation right procedural due process see carey piphus see ante page