Suit for damages for unlawful extradition may proceed.
In Weilberg v. Shapiro, the Ninth Circuit ruled that a § 1983 alleging violations of extradition procedures in an extradition from Arizona to Illinois may proceed. The district court had sua sponte dismissed the complaint, finding that a § 1983 claim could be brought only where the underlying conviction had been overturned. The trial court relied upon Heck v. Humphrey, 512 U.S. 477 (1994), which had held that §1983 suits seeking damages for wrong results in a conviction required the conviction in question to have been overturned. The Ninth Circuit held this rule is limited to suits that rely upon a claim of conduct that would render the underlying conviction invalid, not to suits concerning procedure related to extradition.
