by Austin Upshaw *
Since Congress passed the Prison Litigation Reform Act (PLRA) in 1996, courts have struggled to harmonize one of its key provisions—the ‘three-strikes rule’—with the Heck bar, a rule derived from Heck v. Humphrey, which prevents district courts from reaching the merits of Section 1983 claims that attack the validity of a conviction before that conviction has been overturned on appeal or through collateral proceedings. The PLRA’s three-strikes rule provides that if an incarcerated person has had three or more of their suits dismissed for failing to state a claim, they can no longer proceed in forma pauperis. Denial of in forma pauperis effectively prevents indigent incarcerated people from accessing relief in federal court. The crux of the Heck issue is a procedural one: is every Heck dismissal equivalent to a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6)? The current circuit split mainly concerns whether Heck created a pleading requirement Section 1983 plaintiffs must plead and prove, or whether it is a waivable affirmative defense. But that focus is misplaced because a Heck-barred complaint can be properly dismissed under 12(b)(6) regardless of whether it is a pleading requirement or an affirmative defense. The better way to resolve the issue is on pragmatic, policy-driven grounds. The Heck bar is best treated as a ripeness doctrine that district courts can bypass at their sound discretion. If Heck is treated as a tool for judicial traffic control, rather than a rigid jurisdictional bar, district courts can ensure meritorious claims are not wrongfully treated as ‘strikes’ under the PLRA.