with that and i was a homeless person i had to live like that for about a year before this incident occurred i don't blame anyone you know for my situation forty years struggle of alcoholism a lot of bad choices you know that led me to that status instead of camping in the woods like a lot of and i rented a storage unit you know for shelter and try to keep my stuff say what little i had the storage facility was adjacent to an elementary school been closed down it was empty and they'd move somewhere else a real me now is michael howard and realty oh and they had a big commercials for sale sign out there for eight months i took a shortcut through the parking lot of the school to get back eight months out in the no problem i've never been around that school building on the not in question i had just rode into the parking lot on my bicycle and then been there sixty seconds i  we've read you everything in the record it did appear to me that perhaps the district court here made a mistake in saying that your complaint should be dismissed because of hec versus humphrey because after all yes of the charge of criminal trespass against you was dismissed so you're not trying to argue that a conviction against that was somehow in  aspect of hack rather than the confession aspect yes it does and your claim here necessarily imply that that your confinement was on lawful arrest then that three weeks can fat twenty one days yes or i was arrested without probable cause so under hacked why isn't it incumbent on you to show the malicious prosecution client that's another thing i want to bring up a malicious prosecution climb from where on the stand require a favorable term a nation runs under common law a common law require arguing about yes thank you th amendment claim that falls under false arrest yes the yes or that's all the false imprisonment the now twenty one well arrest outside of legal process  i think that is to quote was probably wrong on hack i think the rest of the state law claims the prop district court was probably right to dismiss but but your false arrest claim and so far as the heck bar is concerned i think the district court was was probably wrong about that ok yes i want to hear from your adversary before i totally make up my muster ok but it seems to me then it goes back to the district court and then the officer is able to argue in fact i had probable cause he was he didn't have permission to be on the school premises or whatever it is he wants to allege and that's something that then gets sorted out in the desert court and i've got to warn you mr and lee he gets something called what is called qualified immunity he could he can raise the argument that not only did he have probable cause that it but that he had a reasonable belief that he had probable cause what is called arguable probable cause it's not very often a very difficult thing for a police officer to satisfy and it might be a problem for you down the road but it doesn't seem to me that this is the place to sort that out a dismissal of the criminal trespass charge can be called a favorable terminations i don't see where there's anything here to you know imply the invalidity have something with  his false arrest klein i think our position is that it applies the validity of the entirety of the plea agreement so that they call because it would call into question the validity of the plea agreement which was bargained for on the basis partially of dismissal of the particular charge that is that issue here which deputy pena arrested mr headley for hours that how would it undermine the what's a it's a bargain well be that he's guilty of the unrelated charge and he agreed to that right that's that's possible well and he's not guilty of criminal trespass a charge that was dismissed that may be as well that's possible and and if he if his allegation is that the arrest of him for criminal trespass was false arrest i don't see how that allegation that complaint implies the invalidity of his conviction on the unrelated charge particularly in the light of the dismissal of the criminal trespass without missing without without i think you're i think you're right without a conviction there's  favorable terminations but why does he need to do that to the extent he springing a claim premised on false arrest rather than malicious prosecution the whole theory of hack is you pick up one thousand nine hundred and eighty three picks out background common law limitations the background common law limitation of requiring favorable terminations applied to malicious prosecution claims not false arrest claims if it's federal claim is only going to be categorized bullishness prosecution be as false arrest rather than malicious prosecution but the difference difference between those two tort theories is will walk one is to challenge to confinement that stun pursuant to process process and let's assume let's assume i agree with you on that piece of the nine hundred and eighty three dollars claim but there's still a separate piece it's admittedly small but there's the piece challenging the detention the arrest that was made without process and let it be over night detention until they got the warrant that analogizes to a false arrest claim not the malicious prosecution claim and the background rule for that piece of the claim is you don't need favorable terminations that the plaintiff doesn't need to show favorable termination deputy just the deputy correct though you he i think had a section in your brief about the sheriff on the on the heck issue just now i understand properly in the case and i was troubled by the thought that he could be brought in when he's so far as i can tell he's never been served with anything but then i saw that you briefed the issues as to him so it a are you representing him in this yes there was a there was a question is sorry for the confusion there was a question as to whether he should even i guess be in this appeal at all because of the how the notice of appeal was designated and a right there's a footnote in the briefing related to that do you agree that the peal of the dismissal of the claims against is proper properly before us no because i don't think it was properly because of the notice of appeal on the notice that was our positions up i didn't but you don't have a separate argument out you notice or service or anything along those lines no  this is a relatively straightforward issue and i don't want to you i mean there are a lot of claims here that were dismissed to me or properly dismissed just this false arrest plain and the head bar that the district court applied percent of this is just an estimate of of criminal cases are resolved by plea agreements rather than going to me all resulting in to make the oh may be well be true but that doesn't mean that necessarily  is the way to resolve them when there's a nine hundred and eighty three complaint afterward about some aspect of the criminal process such as the arrest on a motion to i should say i have a comment and so in the clip it's said the question was in a seated one because the issue was whether applied at all because there was never caus he's the you know man i didn't suit him you know under that doctrine while i was being held in his jail in his custody on this illegal charge i sent that man a letter but certified mail right y'all might be familiar i know you have read yeah we've read that oh yes i don't the problem i have for with that mr inly is that i don't think that  just sending the share a letter necessarily establish years or even alleges that he knew that you were wrongfully confined property that's the requirements to michael modified transfer i told him about that also tell him that i was sitting in there with a five thousand dollars bond for a misdemeanor trespass charge the typical bond on one thousand dollar bond they knew i was on a flight risk you know i don't know why they set my bond so high but anyway so the sheriff about that you know cognizance bond or now time they could have arranged a bond reduction hearing you know my bond was five times what should a bit that's what i said an hour for three weeks of good hard to come up with the money you know get out until my mother filing are about what happened and felt sorry for me she done washed her hands for a while but she found out you know how they trade and she finally got me out that's how i got five hundred and forty dollars non think we understand your argument and also and