randy spencer mike kemna superintendent western missouri correctional center et argued november decided march held expiration petitioner sentence caused petition moot longer presents article iii case controversy incarcerated convict parolee challenge conviction always satisfies requirement incarceration restriction imposed terms parole constitutes concrete injury caused conviction redressable conviction invalidation sentence expired however petitioner must show concrete continuing injury incarceration parole collateral consequence suit maintained recent decades presumed wrongful conviction continuing collateral consequences effectively counted collateral consequences remote unlikely occur sibron new york however lane williams refused extend presumption collateral consequences revocation parole adheres refusal leaves question whether petitioner demonstrated collateral consequences pp petitioner asserted establish collateral consequences sufficient state article iii case controversy parole revocation used detriment future parole proceeding merely possibility rather certainty probability revocation used increase sentence future sentencing proceeding like similar claim rejected lane contingent petitioner violating law caught convicted likewise speculative petitioner allegations collateral parole revocation used impeach appear witness future proceedings used directly appear defendant criminal proceeding pp finds merit petitioner remaining argumentsthat since foreclosed pursuing damages action unless establish parole revocation invalidity see heck humphrey action establish invalidity moot case falls within exception mootness doctrine cases capable repetition yet evading review mootness case ignored caused dilatory tactics state attorney general office district delays pp affirmed scalia delivered opinion rehnquist kennedy souter thomas ginsburg breyer joined souter filed concurring opinion ginsburg breyer joined ginsburg filed concurring opinion stevens filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press randy spencer petitioner mike kemna superintendent western missouri correctional center et al writ certiorari appeals eighth circuit march justice scalia delivered opinion petition writ habeas corpus randy spencer seeks invalidate september order revoking parole spencer completed entire term imprisonment underlying parole revocation must decide whether petition moot october petitioner began serving concurrent sentences missouri convictions felony stealing burglary april released parole september missouri board probation parole hearing issued order revocation revoking parole order concluded petitioner violated three conditions set forth missouri code regulations title missouri inmate must comply order remain parole therefore careful consideration evidence presented said charges warrant revocation sustained wit obey federal state laws municipal county ordinances report arrests probation parole officer within hours possession use controlled substance except prescribed licensed medical practitioner probation parole based misdemeanor involving firearms explosives felony charge possess purchase receive sell transport firearms ammunition explosive device dangerous weapon defined federal state municipal laws ordinances specific conduct violated conditions described citation parole violation report board used making determination evidence relied upon violation initial violation report dated report prepared state probation parole officer jonathan tintinger summarized june police report prepared kansas city missouri police department according woman alleged petitioner smoking crack cocaine local crack house later home pressed screwdriver side raped according kansas city report petitioner admitted smoking crack cocaine woman claimed sexual intercourse consensual officer tintinger report described interview petitioner petitioner admitted smoking crack cocaine woman denied pressed screwdriver side respond allegation rape finally noting spencer registered sex offender given prison sentence sodomy app officer tintinger report tentatively recommended peti tioner parole continued placed drug treatment center report withheld making ultimate recommendation based alleged rape dangerous weapon violations prosecuting attorney office chance dispose charges event formal charges ultimately filed said separate recommendation forthcoming ibid petitioner never charged september report prepared institutional parole officer peggy mcclure concluded appear significant evidence spencer ha violated conditions parole stated recommended petitioner parole revoked officer mcclure report mentioned order revocation returned prison petitioner began efforts invalidate order revocation first sought relief missouri courts rejected circuit dekalb county missouri appeals finally missouri april six months expiration sentence petitioner filed petition writ habeas corpus see district western district missouri alleging received due process parole revocation proceedings petitioner objections district granted state two requested extensions time respond petition deferring deadline june july july receiving state response petitioner filed lengthy motion request final disposition matter requested district expedite decision case order prevent claim becoming moot district responded motion however august petitioner parole two months october term imprisonment expired february district noted petitioner july motion stating resolution case delayed beyond requirements docket app august district dismissed petitioner habeas petition said sentences issue expired petitioner longer custody within meaning claim habeas corpus relief moot appeals eighth circuit affirmed district judgment concluding decision lane williams petitioner claim become moot cause suffered collateral consequences revocation order acknowledged interpretation lane accord second ninth circuits parker robbins christianson granted certiorari ii district conclusion spencer release prison caused petition moot longer satisfied custody requirement habeas statute error spencer incarcerated reason parole revocation time petition filed custody provision requires see carafas lavallee maleng cook per curiam substantial question however whether petitioner subsequent release caused petition moot longer presented case controversy article iii constitution requirement subsists stages federal judicial proceedings trial appellate parties must continue stake outcome lawsuit lewis continental bank see also preiser newkirk means throughout litigation plaintiff must suffered threatened actual injury traceable defendant likely redressed favorable judicial decision lewis supra incarcerated convict parolee challenge validity conviction always satisfies requirement incarceration restriction imposed terms parole constitutes concrete injury caused conviction redressable invalidation conviction convict sentence expired however concrete continuing injury incarceration parolesome collateral consequence exist suit maintained see carafas supra recent decades willing presume wrongful criminal conviction continuing collateral consequences effectively count collateral consequences remote unlikely occur see sibron new york present petitioner however attack convictions felony stealing burglary concedes lawful asserts wrongful termination parole status reincarceration incurred result action undone subsistence suit requires therefore continuing collateral consequences parole revocation either proven presumed first question confront whether presumption collateral consequences applied criminal convictions extended well revocations parole answer question helpful review origins basis presumption originally required collateral consequences conviction specifically identified accepted sufficient satisfy requirement concrete disadvantages disabilities fact occurred imminently threatened imposed matter law deprivation right vote hold office serve jury engage certain businesses thus pierre per curiam one first cases recognize collateral consequences conviction basis avoiding mootness refused allow pierre challenge contempt citation com pleted sentence petitioner shown either state federal law penalties disabilities imposed result judgment satisfied id rejected pierre argument possibility judgment impair credibility witness future legal proceeding penalty disability moral stigma judgment longer affects legal rights present case controversy appellate review ibid similarly carafas lavallee permitted individual continue challenge criminal conviction identifying specific concrete collateral consequences attached conviction matter law clear petitioner cause moot consequence conviction engage certain businesses serve official labor union specified period time vote election held new york state serve juror omitted see also fiswick conviction rendered petitioner liable deportation denial naturalization ineligible serve jury vote hold office morgan conviction used increase petitioner current sentence state recidivist law parker ellis harlan concurring since petitioner unchallenged convictions took away civil rights conviction challenge challenge moot ginsberg new york conviction rendered petitioner liable revocation license operate luncheonette business cf tannenbaum new york per curiam jacobs new york per curiam gateway abandonment fastidious approach collateral consequences pollard allowing convict already served time challenge length sentence said almost offhandedly possibility consequences collateral imposition sentence sufficiently substantial justify dealing merits id possibility earlier case involving consequences alien reason believe pollard see pino landon sibron new york relied upon opinion support conclusion jurisprudence abandoned inquiry actual existence collateral consequences effect presumed existed citing pollard supra thereafter summary fashion proceeded accept generalized hypothetical consequences sufficient avoid mootness challenges conviction example evitts lucey held respondent habeas challenge become moot despite expiration sentence despite fact civil rights including suffrage right hold public office restored since pardoned said collateral consequences conviction remain including possibility conviction used impeach testimony might give future proceeding possibility used subject persistent felony offender prosecution go trial felony charges future ibid see also benton maryland pennsylvania mimms per curiam minnesota dickerson several relevant observations made regarding developments first must acknowledged practice presuming collateral consequences accepting remote possibility collateral consequences adequate satisfy article iii sits uncomfortably beside principle standing argumentatively averments pleadings rather affirmatively appear record burden seeks exercise jurisdiction favor allege facts demonstrating proper party invoke judicial resolution dispute dallas internal citations omitted practice presuming collateral consequences developed era thought function constitutional requirement standing assure concrete adverseness sharpens presentation issues baker carr sibron appears volume reports flast cohen said question whether particular person proper party maintain action force raise separation powers problems related improper judicial interference areas committed branches federal government problems arise substantive issues individual seeks adjudicated thus terms article iii limitations federal jurisdiction question standing related whether dispute sought adjudicated presented adversary context form historically viewed capable judicial resolution part basic charter provid ing interaction federal government governments several id see also lujan defenders wildlife finally particular relevance question whether practice presuming collateral consequences extended challenges parole termination context criminal conviction presumption significant collateral consequences likely comport reality said sibron obvious fact life criminal convictions fact entail adverse collateral legal consequences said parole revocation reasons perhaps hitherto refused extend presumption collateral consequences willingness accept hypothetical consequences area parole revocation lane williams rejected contention convicted felons completed sentences challenges sentences three years mandatory parole conclusion fixed terms incarceration parole violated moot revocations parole used detriment future parole proceedings ever convicted crimes said doctrine carafas sibron applicable case civil disabilities present carafas result finding individual violated parole carafas concerned existing civil disabilities result petitioner conviction presently barred holding certain offices voting state elections serving juror case involves disability adhere principles announced lane decline presume collateral consequences adequate meet article iii requirement resulted petitioner parole revocation question remains whether petitioner demonstrated consequences iii petitioner asserts four concrete attributable parole revocation first claims revocation used detriment future parole proceeding possibility longer contingent petitioner violating law already done currently serving term imprisonment nonetheless still possibility rather certainty even probability missouri law illinois law addressed lane prior parole revocation render individual ineligible parole simply one factor among many may considered parole authority determining whether substantial risk parole date conform reasonable conditions parole lane missouri law hen opinion reasonable probability offender released without detriment community board may discretion release parole person mo rev stat missouri said statute giv es board unlimited discretion whether grant parole release shaw missouri board probation parole petitioner second contention order revocation used increase sentence future sentencing proceeding similar claim likewise considered rejected lane contingent upon respondents violating law caught convicted respondents indeed required prevent possibility occurring lane supra course rejected analogous claims article iii standing contexts unable conclude requirement satisfied general assertions inferences course activities respondents prosecuted violating valid criminal laws assume respondents conduct activities within law avoid prosecution conviction see also los angeles lyons similar reasons reject petitioner third fourth contentions parole revocation specifically finding parole violation forcible rape armed criminal action see brief petitioner used impeach appear witness litigant future criminal civil proceeding used directly pursuant federal rule evidence missouri state law equivalent see durbin cassalo mo app federal rule evidence appear defendant criminal proceeding purely matter speculation whether appearance ever occur see supra moreover possibility petitioner witness appearing behalf impeached parole revocation far certain prosecutor examining counsel decide use parole revocation discretionary decision similar sentencing judge employer discussed lane supra whether presiding judge admit particularly light far reliable evidence two past criminal convictions achieve purpose impeachment see state comstock mo app indeed even clear missouri legally admit parole revocation impeach petitioner see state newman mo app possibility parole revocation used directly petitioner object criminal prosecution least likely conduct underlying revocation rather revocation recite specific conduct constituting parole violation used iv petitioner raises three arguments none seems us well taken first contends since decision heck humphrey foreclose pursuing damages action unless establish invalidity parole revocation action establish invalidity moot great non sequitur unless one believes action damages must always everywhere available certain event damages claim foreclosed example petitioner seek damages using wrong procedures reaching wrong result see heck procedural defect necessarily imply invalidity revocation see id heck application see also edwards balisok slip slip ginsburg concurring secondly petitioner argues reply brief case falls within exception mootness doctrine cases capable repetition yet evading review reply brief petitioner doctrine applies exceptional situations lyons supra following two circumstances simultaneously present challenged action duration short fully litigated prior cessation expiration reasonable expectation complaining party subject action lewis quoting murphy hunt per curiam quoting weinstein bradford per curiam see also norman reed petitioner case satisfies neither conditions shown doubt time parole revocation expiration sentence always short evade review demonstrated reasonable likelihood paroled parole revoked finally petitioner argues even case moot fact ignored caused dilatory tactics state attorney general office delay district mootness however may come simply deprives us power act nothing us remedy even disposed business pronouncing past actions demonstrable continuing effect right wrong petitioner concern law enforcement officials district judges repeat impunity abuse alleges occurred confident general matter district courts prevent dilatory tactics litigants unduly delay rulings appropriate corrective mandamus issue courts appeals foregoing reasons affirm judgment appeals ordered randy spencer petitioner mike kemna superintendent western missouri tional center et al writ certiorari appeals eighth circuit march justice souter justice justice ginsburg justice breyer join concurring join opinion well judgment though added reason reach spoke concurring prior case one spencer arguments finding present interest adequate support continuing standing despite release custody says may press claims constitutional injury action state officers assumes heck humphrey held entails conclusion result holding habeas claim moot leave without present access federal forum show unconstitutionality parole revocation spencer right point argument provide reason whether dispositive recognize continuing standing litigate habeas claim wrong heck hold released prisoner spencer circumstances claim reasons explained heck concurrence unsound read either heck habeas statute requiring result appears spencer free bring action corresponding argument continuing habeas standing falls accordingly petitioner heck inmate direct appeal conviction pending brought action damages state officials said acted unconstitutionally arresting prosecuting drawing analogy tort malicious prosecution ruled inmate claim damages unavailable demonstrate underlying criminal proceedings terminated favor sure majority opinion heck read suggest requirement element action alleging unconstitutional conviction whether leading confinement whether confinement continued action filed heck supra indeed although heck present facts majority acknowledged possibility even released prisoner might permitted bring action implying invalidity conviction confinement without first satisfying requirement id concurring judgment heck suggested different rationale blocking inmate suit requirement show favorable termination underlying proceedings manner preiser rodriguez read general statute light specific federal habeas statute applies persons custody requires exhaust state remedies heck supra souter concurring judgment agreed statutory scheme must read precluding attacks requirement necessarily element cause action unconstitutional conviction custody simple way avoid collisions intersection habeas ibid also thought bound recognize apparent scope limitation required sake honoring statute weighty policy instance habeas accordingly thought important read heck opinion subjecting inmates seeking damages unconstitutional conviction confinement requirement analogous tort favorable termination requirement lest plain breadth unjustifiably limited expense persons custody within meaning habeas statute subsequent case edwards balisok like heck suit prisoner present purposes left law heck forced recognize application requirement suits brought plaintiffs custody produce patent anomaly given claim relief unconstitutional injury placed beyond scope brought convict free custody case following service full term imprisonment exactly claim redressed brought former prisoner succeeded cutting custody short habeas better view former prisoner longer custody may bring action establishing unconstitutionality conviction confinement without bound satisfy requirement impossible matter law satisfy thus answer spencer argument habeas claim moot heck bars relief heck effect prisoner release custody habeas statute exhaustion requirement nothing right relief randy spencer petitioner mike kemna superintendent western missouri correctional center et al writ certiorari appeals eighth circuit march justice ginsburg concurring held heck humphrey state prisoner may maintain action direct indirect effect granting relief invalidate state sentence serving joined opinion heck mindful example among case cf id come agree justice souter reasoning individuals without recourse habeas statute custody people merely fined whose sentences fully served example fit within broad reach see id souter concurring judgment cf henslee union planters nat bank trust frankfurter dissenting wisdom often never comes one reject merely comes understanding state law join opinion justice souter concurring opinion case randy spencer petitioner mike kemna superintendent western missouri correctional center et al writ certiorari appeals eighth circuit march justice stevens dissenting official determination person committed crime may cause two different kinds injury may result tangible harms imprisonment loss right vote bear arms risk greater punishment another crime committed may also severely injure person reputation good name holding petitioner case moot relies heavily opinion lane williams stevens see ante lane however inapposite lane respondents seek challenge factual findings underlying parole revocations instead simply sought challenge sentences yet released time case reached us case moot id mere passage time respondents ha obtained relief sought case petitioner challenges factual findings parole revocation based parole revoked based official determination com mitted crime forcible rape assuming standing bring challenge remained prison mootness question framed whether continues personal stake outcome lawsuit likely redressed favorable decision ante given serious character finding petitioner guilty forcible rape question must answered affirmatively may well true many prisoners already caused many wounds good names additional finding guilt may de minimis impact reputations believe however one say finding individual committed serious felony moreover even one may question wisdom providing statutory remedy redress injury surely accept view interest vindicating one reputation constitutionally insufficient qualify personal stake outcome indeed light fact held interest one reputation sufficient confer standing necessarily follows interest sufficient defeat claim mootness accordingly respectfully dissent footnotes specifically according petitioner brief contended board denied right preliminary revocation hearing armed criminal action accusation board denied hearing cancellation conditional release date board denied right confront witnesses gave notice entire case revoking parole statements violation report denied right representation person choice board failed apprise fact decision revoke parole evidence relied four months regulations required parolee provided statement within ten working days date decision see brief petitioner time case reached eighth circuit petitioner prison time serving sentence attempted felony stealing still state informs us scheduled released parole january see brief respondents sibron also purported rely morgan fiswick supra establishing mere possibility collateral consequences suffices see described cases involved much internal quotation portion flast cohen recited second purpose requirement general opinion later said constitutionally required minimum standing relates first purpose alone quoted text pointed lane respondents attacking parole sentences convictions see evidently purpose excluding direct application sibron also pointed near conclusion opinion respondents attacking finding violated terms parole framed independent ground decision opinion unnecessary contest dissenters contention respondents seek parole term declared void expunged id marshall dissenting effect removing respondents status relieve respondents collateral consequences flowing status id federal rule evidence provides relevant part cases character trait character person essential element charge claim defense proof may made specific instances person conduct federal rule evidence provides relevant part criminal case defendant accused offense sexual assault evidence defendant commission another offense offenses sexual assault admissible may considered bearing matter relevant dissent asserts finding individual committed serious felony renders interest vindicating reputation constitutionally ufficient avoid mootness post obviously regarded sufficient finding parole board much solemn condemnation criminal conviction rendered entirely unnecessary inquiry concrete collateral consequences conviction many cases see benton carafas fiswick unnecessary well least felony convictions sibron presumption collateral consequences see supra course reason principle limiting dissent novel theory felonies constitutionally adequate damage reputation produced parole board finding one felony current inmate spent six last seven years custody three separate felony convictions surely also produced criminal misdemeanor conviction model citizen perhaps obvious reasons damage reputation upon dissent rest judgment asserted us petitioner convict given fine alone however onerous sentenced term short permit even expeditious litigation without continuances expiration sentence always ineligible relief see heck humphrey souter concurring judgment throughout parole revocation proceedings alleged petitioner violated three parole conditions parole condition allegedly guilty rape parole condition allegedly used possessed crack cocaine parole condition allegedly used possessed dangerous weapon screwdriver allegedly used rape app alleging violations conditions alleging violations conditions thus parole revocation board declared careful consideration evidence presented petitioner violated parole conditions found petitioner guilty forcible rape see also brief respondents spencer violated condition committing crime rape addition even apart rape finding undisputed board found petitioner used possessed drugs used possessed dangerous weapon alleged used rape app personal stake outcome formulation test repeatedly quoted cases first articulated excerpt opinion baker carr appellants alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions gist question standing see liberty lobby anderson cadc scalia shameful benedict arnold traitor shoplifter boot one able make charge knowing falsity impunity even public outcast remaining good reputation limited scope though may inconsequential vacated remanded grounds individual may property liberty interest reputation trigger due process protections paul davis question obviously distinct whether interest one reputation sufficient defeat claim mootness stated individual right protection good name basic concept essential dignity worth every human concept root decent system ordered liberty gertz robert welch quoting rosenblatt baer stewart concurring see also milkovich lorain journal filches good name robs enriches makes poor indeed quoting shakespeare othello act iii sc paul davis recognized serious damage inflicted branding government employee thereby stigmatizing good name wisconsin constantineau emphasizing importance person good name reputation honor integrity holding respondent entitled due process notices posted stating prohibited buying receiving alcohol winship ecause certainty one found guilty criminal behavior stigmatized conviction society values good name freedom every individual condemn man commission crime reasonable doubt guilt wieman updegraff dispute consequences visited upon person excluded public employment disloyalty grounds view community stain deep one indeed become badge infamy indeed vindicating one reputation main interest stake defamation case interest always held constitute sufficient personal stake see paul espondent complaint appear state classical claim defamation actionable courts virtually every state imputing criminal behavior individual generally considered defamatory per se actionable without proof special damages gertz need define injury suffice say actual injury limited loss indeed customary types actual harm inflicted defamatory falsehood include impairment reputation standing community personal humiliation mental anguish suffering eldredge law defamation pp doubt historical fact interest one good name considered important interest requiring legal protection thousand years ago far history concerned interest became legally protected interest comparatively soon interest bodily integrity given legal protection meese keene compelling reasons consider petitioner challenge parole board findings sooner rather later stated related context question validity criminal conviction arise many contexts sooner issue fully litigated better concerned always preferable litigate matter directly principally dispute rather proceeding collateral central controversy moreover litigation better conducted dispute fresh additional facts may necessary taken without substantial risk witnesses die memories fade far better eliminate source potential legal disability require citizen suffer possibly unjustified consequences disability indefinite period time secure adjudication state right impose basis past action sibron new york citation omitted also believe facts case sufficient tangible consequences parole board findings defeat claim mootness given holding petitioner remedy habeas statute perfectly clear justice souter explains may bring action