Gilbert v. His Creditors

How courts have described this case

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

• noting that in deciding a motion to dismiss, the court must “assume the truth of a pleading’s factual allegations and test only its legal sufficiency”
• noting that in deciding a motion to dismiss, the court must “assume the truth of a pleading’s factual allegations and test only its legal sufficiency”
• providing Second Circuit case law on whether defendant may challenge state conviction in Section 1983 action
• collecting cases to support dismissing claim as Heck-barred because plaintiff had full year to bring habeas corpus petition and failed to do so
• “what does remain an open question, even in this Circuit, is ... whether Heck bars 1983 suits when the plaintiff has intentionally defaulted his habeas claims”
• describing competing interpretations of Heck’s favorable termination rule

Source: CourtListener parenthetical corpus (CC0).