Plaintiffs George Wheeler, individually and as parent and next friend of Kirby Wheeler, Brad Alpers, and Diane Ducharme, appearing as parent and next friend of Steven Ducharme, (hereinafter “Wheeler”) appeal the district court's dismissal of their
42 U.S.C. § 1983 civil rights complaint against defendants Terry Scarafiotti, Pat Barncastle, two officers of the New Mexico Game and Fish Department, and Larry Bell, the Department's Director. Wheeler alleges that Officer Scarafiotti used excessive force in connection with his investigation of a hunting incident, and that Officer Barncastle failed to train him properly; moreover, he contends that Scarafiotti maliciously prosecuted him, and that Director Bell failed to take action to prevent the criminal prosecution. In separate grants of partial summary judgment, the district court ruled that defendants were entitled to qualified immunity with respect to the excessive force claim, and that
Heck v. Humphrey, 512 U.S. 477, 484, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), rendered Wheeler's malicious prosecution claim not cognizable under
§ 1983. Exercising jurisdiction under
28 U.S.C. § 1291,
we affirm.