### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 1 9

- 30 770 Summary Calendar

ZACHARY TERRELL , Plaintiff

- Appellant ,

v. TROY PICHON, Trooper, in his individual capacity; DERRELL WILLIAMS, Lieutenant, in his individual capacity; DARRIN NAQUIN, Captain, in his individual capacity , Defendants

- Appellees

.
Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2 :18

- CV

- 5787

Before CLEMENT , ELROD , and OLDHAM, Circuit Judges

. PER CURIAM : * On June 17, 2017, Officer Troy Pichon saw Zachary Terrell engage in what appeared to be a narcotics transaction in the French Quarter

. He and Officer Jeffrey Roach circled the block in their police car

. Af ter they returned to where Terrell was standing, Terrell began riding his bicycle away from the

scene. Pichon told Terrell to stop, but Terrell began pedaling faster. Terrell

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 4, 2020 Lyle W. Cayce Clerk Case: 19-30770 Document: 00515332590 Page: 1 Date Filed: 03/04/2020No. 19

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2 had only one hand on the bike’s handlebars. His other hand was clutching his wais tband. Pichon deployed his Taser , striking Terrell in the back

. Terrell fell off the bike and hit the ground. Pichon observed Terrell drop something on the street and told Roach to pick it up. Roach did so and found a blister pack of Tramadol pills. Pichon placed Terrell under arrest . A search revealed that Terrell was carrying seventeen individually wrapped bags of heroin , twenty

one Tramadol pills ( including the six that he dropped on the street ) , and $113 in cash

. During the tasing and subsequent arrest , Terrell received cuts and bruises on his wrists, elbow, knee, and head. He was taken to the University Medical Center, where he received stitches above his right eye

. His medical report says that he identified the cause of his injuries as his fall from his bicycle

. Terrell pleaded guilty to one count of possession of heroin in violation of La. Rev. Stat. § 40:966(C)(1), one count of possession with intent to distribute Tramadol in violation of La. Rev. Stat. § 40:969(B), and one count of resisting an officer in violation of La. Rev. Stat. § 14:108

. Ter r ell subsequently sued Pichon and Roach for excessive force under 42 U.S.C. § 1983. He also brought claims against Captain Darrin Naquin and Lieutenant Derrell Williams under § 1983 for failing to supervise and train Pichon and Roach

. And he brought state

- law claims against all four defendants based on the same alleged conduct

. Terrell subsequently dismissed his claims against Roach. Terrell a lleges that Pichon used excessive force by tasing him and hitting , kicking, and dragging him after he fell off his bike . The district court granted Pichon summary judgment on the § 1983 claim because it was barred by Heck v. Humphrey , 512 U.S. 477 , 486

– 87 (1994 ) (“We hold that, in order to recover damages for

. . . harm caused by actions whose unlawfulness would Case: 19-30770 Document: 00515332590 Page: 2 Date Filed: 03/04/2020No. 19

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3 render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus, 28 U.S.C. § 2254.”). Because Terrell ha d no viable § 1983 claim against Pichon, the court also granted summary judgment to Naquin and Williams on the § 1983 claims alleging failure to supervise and train

. And because no federal claims remained, the court dismissed Terrell’s state

law claims. We agree with the dis trict court’s application of Heck

. Our Court has noted that not every plaintif f ’s claim of excessive force will “invariably invalidate his conviction

. ” Arnold v. Town of Slaughter , 100 F. App’x 321, 323 (5th Cir. 2004). But when the facts pleaded by a plai ntiff necessarily imply the invalidity of his conviction, we have held that his claim is Heck

- barred

. Id. at 324 ; see also DeLeon v. City of Corpus Christi , 488 F.3d 649 , 656

– 57 (5th Cir. 2007); Daigre v. City of Waveland , 549 F. App’x 283, 285 (5th Cir. 2 013)

. In his complaint, Terrell alleges that Pichon used force even though Terrell did not resist arrest . Am. Compl. at ¶ 84. Yet Terrell pleaded guilty to doing just that

— resisting an officer under Louisiana law

— which is the exact same crime that barred the plaintif f ’s claims in Arnold

. Because Terrell has

no § 1983 claim against Pichon, Naquin and Williams are entitled to
summary judgment on the § 1983 claims against them

. And because there are no viable federal claims , the state

- law claims were rightfully dismissed

. The district court’s judgment is AFFIRMED. Case: 19-30770 Document: 00515332590 Page: 3 Date Filed: 03/04/2020