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· 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 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.