In a 42 U.S.C. section 1983 action alleging that, in two separate incidents, Kansas state authorities falsely arrested plaintiff and filed falsified pre-trial diversion agreements containing his forged signatures, dismissal of the action is reversed where: 1) there was no related underlying conviction that could be invalidated by plaintiff's section 1983 actions and thus the action was not barred by Heck v. Humphrey, 512 U.S. 477 (1994), and 2) a district court may not sua sponte dismiss a prisoner's section 1983 action on the basis of the statute of limitations unless it is clear from the face of the complaint that there are no meritorious tolling issues, or the court has provided the plaintiff notice and an opportunity to be heard on the issue.
Filed December 16, 2009
Opinion by Judge Seymour
Mark Frame, Edwards County Attorney, Kinsley, KS