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· 2/6/2002

Davis v. Schifone

Citations

  • 185 F. Supp. 2d 95
  • 2002 U.S. Dist. LEXIS 2129
  • 2002 WL 226754

How courts have described this case

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

  • holding that plaintiff had an adequate post-deprivation remedy for the alleged theft of his money by a state police officer because he could have brought a Massachusetts state tort claim for conversion
  • “Plaintiff’s wrongful arrest claim, if successful, would necessarily imply the invalidity of his conviction for operating under the influence” and was therefore barred by Heck
  • “Under Heck, the principle barring collateral attacks ... is not rendered inapplicable by the fortuity that a convicted criminal is no longer incarcerated.” (internal quotation marks and citations omitted) (alteration in original)

Source: CourtListener parenthetical corpus (CC0).

Judges: Tauro

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.