Memorandum Opinion and Order

Pending before the court is Defendants Robert Steven Tanner, A.S. Meadows, J.D. Johnson, and the Raleigh County Commission’s Renewed Motion for Summary Judgment [ECF No. 117]. The plaintiff filed a response [ECF No. 122], and the defendants filed a reply [ECF No. 123]. This matter is now ripe for adjudication. For the following reasons, the Motion is GRANTED in part and DENIED in part. The principal legal question before the court is one of first impression in this Circuit: Does Heck v. Humphrey, 512 U.S. 477 (1994), bar § 1983 claims following a plaintiff’s successful completion of a pretrial diversion program? I find that it does not.