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· 9/29/1999

Beck v. City of Muskogee Police Department

Citations

  • 195 F.3d 553
  • 1999 Colo. J. C.A.R. 5859
  • 1999 U.S. App. LEXIS 23714

How courts have described this case

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

  • holding that plaintiffs challenge to arrest would not implicate any element of rape conviction or probation revocation
  • holding that § 1983 illegal search and seizure claims accrue at the time of the search because Heck, supra, never barred plaintiff’s illegal search and seizure claim, thus making that claim stale under the statute of limitations
  • noting that Heck should generally apply “when the concerns underlying Heck exist,” which include “those claims that would necessarily imply the invalidity of [the] conviction”
  • noting that Heck should generally apply “when the concerns underlying Heck exist,” which include “those claims that would necessarily imply the invalidity of [the] conviction”
  • noting that “[s]tate statutes of limitations applicable to general personal[-]injury claims supply the limitations periods for § 1983 claims,” and that, in Oklahoma, that statute of limitations is two years
  • finding that, because plaintiff’s malicious prosecution claim “did not arise until the [criminal] charge was dismissed and [the] complaint was filed less than two years later, [it is] not barred by the statute of limitations”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, McKay, Murphy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.