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    George Igbo filed a Section 1983 complaint against various individuals and entities alleging civil rights violations. The district court denied relief and the appellate court affirmed, finding no reversible error in the district court's reasoning. The appellate court also noted that Igbo challenged the validity of his convictions in his Section 1983 complaint but that such a damages claim is not cognizable under Section 1983 unless his convictions have been overturned, modifying the dismissal of those claims to be without prejudice.

    Original Description:

    Filed: 1995-11-27 Precedential Status: Non-Precedential Citations: 70 F.3d 1262 Docket: 95-6419

    Original Title

    George Hero Igbo v. Church of Latter Day Saints Department of Social Services City of Clinton County of Sampson Benjamin J. Warrick David Sapp Kathleen Stein Igbo Howard Hunter James Thomas Tart Janet Tart Randy Pope, Sr. Catherine Pope Sergeant Annette Mary M. Hobbs Dephanie Terado Sheriff Powell Darold Cox Detective McClain, 70 F.3d 1262, 4th Cir. (1995)

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    George Igbo filed a Section 1983 complaint against various individuals and entities alleging civil rights violations. The district court denied relief and the appellate court affirmed, finding no reversible error in the district court's reasoning. The appellate court also noted that Igbo challenged the validity of his convictions in his Section 1983 complaint but that such a damages claim is not cognizable under Section 1983 unless his convictions have been overturned, modifying the dismissal of those claims to be without prejudice.

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    United States Court of Appeals, Fourth Circuit

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    George Igbo filed a Section 1983 complaint against various individuals and entities alleging civil rights violations. The district court denied relief and the appellate court affirmed, finding no reversible error in the district court's reasoning. The appellate court also noted that Igbo challenged the validity of his convictions in his Section 1983 complaint but that such a damages claim is not cognizable under Section 1983 unless his convictions have been overturned, modifying the dismissal of those claims to be without prejudice.

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    of 2

    70 F.

    3d 1262

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    George Hero IGBO, Plaintiff-Appellant,
    v.
    CHURCH OF LATTER DAY SAINTS; Department of Social
    Services;
    City of Clinton; County of Sampson; Benjamin J. Warrick;
    David Sapp; Kathleen Stein Igbo; Howard Hunter; James
    Thomas Tart; Janet Tart; Randy Pope, Sr.; Catherine Pope;
    Sergeant Annette; Mary M. Hobbs; Dephanie Terado;
    Sheriff Powell; Darold Cox; Detective McClain, DefendantsAppellees.
    No. 95-6419.

    United States Court of Appeals, Fourth Circuit.


    Submitted Nov. 16, 1995.
    Decided Nov. 27, 1995.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-94579-5-F)
    George Hero Igbo, Appellant Pro Se.
    Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's order denying relief on his 42 U.S.C.
    Sec. 1983 (1988) complaint. We have reviewed the record and the district

    court's opinion and find no reversible error. Accordingly, we affirm on the


    reasoning of the district court. Igbo v. Church of Latter Day Saints, No. CA-94579-5-F (E.D.N.C. Feb. 28, 1995). We note that Appellant also challenged the
    validity of his convictions in his Sec. 1983 complaint. Appellant's damages
    claim is not cognizable under Sec. 1983 because he has not shown that his
    convictions have been overturned. See Heck v. Humphrey, --- U.S. ----, 62
    U.S.L.W. 4594, 4597 (U.S. June 24, 1994) (No. 93-6188). We modify the
    dismissal of these claims to be without prejudice to Appellant's ability to refile
    his claims in the appropriate court if his convictions ever are overturned or
    called into question by the appropriate court. We dispense with oral argument
    because the facts and legal contentions are adequately presented in the
    materials before the court and argument would not aid the decisional process.
    AFFIRMED AS MODIFIED

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