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· 6/3/1999

Amaker v. Weiner

Citations

  • 179 F.3d 48
  • 43 Fed. R. Serv. 3d 870
  • 1999 U.S. App. LEXIS 11372

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that Heck barred conspiracy claims under § 1983 and § 1985(3) where “[e]ach of [the] plaintiff’s causes of action . . . turns on the asserted existence of a conspiracy to frame [the] plaintiff for murder”
  • noting that the “conversion requirement helps ensure that courts will refrain from engaging in fact-finding when considering a motion to dismiss”
  • holding that Heck applies to Section 1983 conspiracy
  • holding that Heck applies to Section 1983 conspiracy
  • attaching an attorney’s affidavit as an exhibit to a motion to dismiss did not require conversion
  • explaining dismissal under Heck should be without prejudice and, if a plaintiff’s conviction or sentence is later declared invalid or called into question by a federal court’s issuance of a writ of habeas corpus, he may reinstitute his suit

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.