Heck Bars Parole Challenge Absent Habeas Relief
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Under Heck v. Humphrey and progeny, the plaintiff cannot challenge his parole revocation via 1983 or 1985 without first obtaining relief in a state forum or via federal habeas corpus. The court observes that a majority in Spencer v. Kemna said that this rule does not apply where habeas corpus is not available. See: Dolney v. Lahammer, 70 F.Supp.2d 1038 (D.S.D. 1999).