Spencer v. Kemna, 523 U.S. 1, 2 (1998)

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2

SPENCER v. KEMNA

Syllabus

lateral consequences (or, what is effectively the same, has counted collateral consequences that are remote and unlikely to occur). Sibron v. New York, 392 U. S. 40, 55-56. However, in Lane v. Williams, 455 U. S. 624, the Court refused to extend this presumption of collateral consequences to the revocation of parole. The Court adheres to that refusal, which leaves only the question whether petitioner has demonstrated collateral consequences. Pp. 7-14.

(b) Petitioner's asserted injuries-in-fact do not establish collateral consequences sufficient to state an Article III case or controversy. That his parole revocation could be used to his detriment in a future parole proceeding is merely a possibility rather than a certainty or a probability. That the revocation could be used to increase his sentence in a future sentencing proceeding is, like a similar claim rejected in Lane, contingent on petitioner's violating the law, being caught and convicted. Likewise speculative are petitioner's other allegations of collateral consequence—that the parole revocation could be used to impeach him should he appear as a witness in future proceedings, and that it could be used directly against him should he appear as a defendant in a criminal proceeding. Pp. 14-16.

(c) The Court finds no merit in petitioner's remaining arguments— that since he is foreclosed from pursuing a damages action under 42 U. S. C. § 1983 unless he can establish his parole revocation's invalidity, see Heck v. Humphrey, 512 U. S. 477, his action to establish that invalidity cannot be moot; that this case falls within the exception to the mootness doctrine for cases that are "capable of repetition, yet evading review"; and that the mootness of his case should be ignored because it was caused by the dilatory tactics of the state attorney general's office and by District Court delays. Pp. 17-18.

91 F. 3d 1114, affirmed.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, in which O'Connor, Ginsburg, and Breyer, JJ., joined, post, p. 18. Ginsburg, J., filed a concurring opinion, post, p. 21. Stevens, J., filed a dissenting opinion, post, p. 22.

John William Simon, by appointment of the Court, 520 U. S. 1227, argued the cause and filed briefs for petitioner. James R. Layton, Chief Deputy Attorney General of Missouri, argued the cause for respondents. With him on the brief were Jeremiah W. (Jay) Nixon, Attorney General, pro

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