107 F3d 873 Euell v. Adams
107 F.3d 873
Edward EUELL, Plaintiff-Appellant,
David ADAMS, Defendant-Appellee.
United States Court of Appeals, Seventh Circuit.
Submitted Jan. 29, 1997.1
Decided Feb. 27, 1997.
NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit.
Before FAIRCHILD, BAUER and COFFEY, Circuit Judges.
Edward Euell, an Illinois state prisoner, filed a civil rights action pursuant to 42 U.S.C. § 1983, alleging that prison guard David Adams violated his due process rights when he fabricated a disciplinary report resulting in Euell's being convicted of unauthorized organizational activities (planning and participating in a work stoppage and food strike), and the disciplinary board imposed six months' segregation, and demoted Euell to C grade. The district court dismissed the complaint pursuant to Fed.R.Civ.P. 12(b)(6), a finding which we review de novo. Murphy v. Walker, 51 F.3d 714, 717 (7th Cir.1995) (per curiam).
Under Heck v. Humphrey, 114 S.Ct. 2364-70 (1994), Evans v. McBride, 94 F.3d 1062, 1063 (7th Cir.1996), and Miller v. Indiana Dept. of Corrections, 75 F.3d 330 (7th Cir.1996),2 plaintiff is precluded from bringing a civil rights claim as long as the disciplinary conviction has not been vacated or otherwise found invalid.
After an examination of the briefs and the record, we have concluded that oral argument is unnecessary; accordingly, the appeal is submitted on the briefs and the record. See Fed.R.App.P. 34(a); Cir.R. 34(f)
The issue is currently pending before the Supreme Court in Edwards v. Balisok,, cert. granted, 116 S.Ct. 1564 (1996)