# Brown v. State

> Montana Supreme Court · March 28, 2002 · 309 Mont. 106

URL: https://www.frixlaw.com/law-library/cases/9510931

## Case

- **Full name:** ANTHEL L. BROWN, Plaintiff and Appellant, v. STATE OF MONTANA; RICK DAY, Director of the Department of Corrections and Human Services; MIKE MAHONEY, Warden of Montana State Prison; JANET COX, Records Department Supervisor; MONTANA DEPARTMENT OF CORRECTIONS AND HUMAN SERVICES, and MONTANA STATE PRISON, Defendants and Respondents
- **Court:** Montana Supreme Court
- **Decided:** March 28, 2002
- **Citations:** 309 Mont. 106; 46 P.3d 42; 2002 MT 58; 2002 Mont. LEXIS 79
- **Precedential status:** Published
- **Opinion:** Dissent by Cotter
- **Judges:** W. William Leaphart
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9510931

## Opinion text

JUSTICE COTTER
dissents.
¶28 In Heck v. Humphrey, a portion of which is set forth in ¶ 22 of the Court’s opinion, the United States Supreme Court held that if the District Court determines that the plaintiffs action, even if successful, would not demonstrate the invalidity of his outstanding criminal conviction, then a § 1983 action should be allowed to proceed, unless there is some other bar to the suit. Heck, 512 U.S. at 486-87, 114 S.Ct. 2364 . Here, even if Brown was successful in his action, his outstanding criminal judgment would not in any sense be invalidated.
¶29 As in Neil v. Shimoda, cited by this Court at ¶ 24, the only benefit *112 Brown might receive if his § 1983 cause of action was successful, would be a possible advancement of his opportunity to appear before the Parole Board. This brings his case squarely within the Neil v. Shimoda holding. I would therefore reverse the holding of the District Court that Brown failed to state a cognizable cause of action under 42 U.S.C. 1983.
JUSTICE TRIEWEILER joins in the foregoing dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9510931. Public record. Not legal advice.