· 3/13/2007
Frank McKithen v. Richard Brown, District Attorney, County of Queens, New York
Citations
- 481 F.3d 89
- 2007 U.S. App. LEXIS 5763
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that pleadings and allegations of a pro se plaintiff must be construed liberally in Rule 12(b)(6) motions
- holding that pleadings and allegations of a pro se plaintiff must be construed liberally in Rule 12(b)(6) motions
- holding that pleadings and allegations of a pro se plaintiff must be construed liberally in a Rule 12(b)(6) motion
- agreeing that a claim seeking postconviction access to evidence for DNA testing may be properly brought as a § 1983 suit
- noting that DNA’s availability in clemency proceedings might necessitate a deviation from the “trial-focused” reasonable probability standard
- concluding “that the governing standard for application of the Preiser-Heck exception, then, is whether a prisoner’s victory in a § 1983 suit would necessarily demonstrate the invalidity of his conviction or sentence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabresi, Katzmann, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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