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· 7/21/2014

Essex Hayward v. Cleveland Clinic Found.

Citations

  • 759 F.3d 601
  • 2014 WL 3558095
  • 2014 U.S. App. LEXIS 13802

How courts have described this case

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

  • holding that “an argument not raised before the district court is waived on appeal to this Court”
  • holding that plaintiff’s unlawful entry claim was Heck barred because success on that claim would necessarily “render his arrest unlawful” and thereby collaterally challenge the validity of his guilty plea for resisting arrest
  • holding that Heck barred the plaintiff’s civil rights action that police used excessive force in making an arrest where the plaintiff was convicted of resisting arrest based on the same underlying exercise of force
  • holding that Heck barred the plaintiff’s civil rights action that police used excessive force in making an arrest where the plaintiff was convicted of resisting arrest based on the same underlying exercise of force
  • noting that the doctrine set forth in Heck may not bar § 1983 claims alleging that excessive force occurred after the suspect ceases resisting
  • stating that both Clark and Drake “stand for the proposition that a plaintiff may not rely on claims asserted in a former complaint if a subsequent, voluntarily amended complaint does not include those claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay, Rogers, Ludington

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.