No. 25-592

Teresa Miller v. Officer Helms, et al.

Lower Court: Fourth Circuit
Docketed: 2025-11-20
Status: Rehearing
Type: Paid
Response Waived
Tags: 42-usc-1983 conviction-vacatur heck-v-humphrey judicial-prejudice pro-se-filing section-1404
Latest Conference: 2026-01-23
Question Presented (from Petition)

1. Did the Fourth Circuit 's affirmance
(Case No. 24-1718) of the Northern District of West
Virginia 's dismissal (Case No. l:23-CV-26) of a 42
U.S.C. § 1983 claim as untimely, despite the vacatur
of the underlying conviction on November 29, 2022,
misapply Heck v. Humphrey, 512 U.S. 477 (1994), by
failing to recognize that the claim, based on an
illegal search and seizure, accrued at vacatur,
reflecting prejudice against petitioner 's pro se filings
and conflicting with other circuits ' accrual rules?

2. Did the Fourth Circuit err in affirming
the denial of petitioner 's motion for a change of
venue under 28 U.S.C. § 1404 and refusal to
facilitate attorney representation in the Fourth
Circuit and Northern District of West Virginia,
despite evidence of prejudice against pro se filings by
the district and appellate judges, necessitating
representation in these jurisdictions, or alternatively
outside, to ensure impartial adjudication?

Question Presented (AI Summary)

Did the Fourth Circuit misapply Heck v. Humphrey by failing to recognize a 42 U.S.C. § 1983 claim's accrual upon conviction vacatur, and did it err in denying venue change and attorney representation despite alleged judicial prejudice?

Docket Entries

2026-02-06
Petition for Rehearing filed.
2026-01-26
Petition DENIED.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2025-12-22
Waiver of right of respondents Officer Helms and Officer Bradford to respond filed.
2025-09-03
Petition for a writ of certiorari filed. (Response due December 22, 2025)

Attorneys

Officer Helms and Officer Bradford
Keith C. GamblePullin, Fowler, Flanagan, Brown & Poe, PLLC, Respondent
Teresa Miller
Teresa Miller — Petitioner