A federal judge on Wednesday agreed two state prison employees could be sued for allegedly using excessive force against an incarcerated man.

Jared Lee Chavez, representing himself, alleged “Sgt. Smith” and “Sgt. Grilli” violently pulled Chavez from his cell at Sterling Correctional Facility in February 2022. Chavez allegedly complied with orders, but the defendants slammed him to the ground and hit his face on the door.

Afterwards, Chavez was charged with assaulting the staff members. He was convicted.

Smith and Grilli moved to dismiss Chavez’s excessive force claim. They invoked the 1994 U.S. Supreme Court decision of Heck v. Humphrey, which held that a person may not file a constitutional rights lawsuit for damages if it would necessarily invalidate the plaintiff’s criminal conviction.

“Chavez’s claims against Sergeants Smith and Grilli for excessive force would by its very nature call into question the validity of his assault conviction because in order to find in his favor, he must necessarily argue that he is factually innocent of the assault charges of which he was convicted,” wrote attorney Katherine M.L. Pratt.

Chavez responded that his excessive force claim did not seek to excuse his assault on the prison workers, but pertained to what happened afterward.

“Plaintiff’s claim in this civil action is that officers regardless of the assault charges against him applied excessive amounts of force while subdued,” he wrote.

In June, U.S. Magistrate Judge N. Reid Neureiter recommended the excessive force claim should not be dismissed. He noted it was unclear what conduct formed the basis of Chavez’s assault conviction.

“But even if Plaintiff initially resisted restraint and Smith and Grilli were justified in physically subduing him, Plaintiff also alleges that after he was handcuffed and taken to the ground, he was maced and struck with fists, knees, and elbows,” Neureiter wrote. “Heck does not bar a claim” that a defendant used disproportionate force in responding to a suspect’s behavior.

Smith and Grilli objected to Neureiter’s recommendation, but U.S. District Court Judge Charlotte N. Sweeney believed his analysis was correct.

In an Aug. 20 order, she agreed there were two avenues available to Chavez in light of his assault conviction. He could argue the defendants used too much force in responding or that they used excessive force after he was already restrained.

“Plaintiff alleges that the officers used excessive force after being subdued,” she wrote. “This is the exact sort of claim left open.”

She added that if the case were to proceed to trial, jurors would simply be told the defendants lawfully arrested Chavez, but the jury would need to assess whether the force used was excessive.

The case is Chavez v. Smith et al.