· 1/29/1997
Duamutef v. Morris
Citations
- 956 F. Supp. 1112
- 1997 U.S. Dist. LEXIS 837
- 1997 WL 86093
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing, inter alia, claims under § 1983 for malicious prosecution, retaliation, and conspiracy as barred by Heck, when the plaintiff’s underlying conviction had not been overturned
- dismissing § 1983 claims of malicious prosecution, false arrest, perjury, retaliation, and civil rights conspiracy under Heck where the plaintiff's underlying conviction had not been overturned
- “The gravamen of plaintiff's complaint is that he was ‘framed’ for a murder he did not commit in retaliation for his political involvements. . .As required by Heck, these claims will be dismissed.”
- “[A] claim for abuse of process accrues at such time as the criminal process is set in motion . . . against the plaintiff” but not “before such time as plaintiff is aware, or ought to be aware, of those facts providing a basis for his claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sotomayor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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