· 12/16/2009
Hoog-Watson v. Guadalupe County, Tex.
Citations
- 591 F.3d 431
- 2009 U.S. App. LEXIS 27639
- 2009 WL 4828742
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that when a defendant’s motion for summary judgment includes a Heck trigger, “the plaintiff is forced to muster proof of Heck’s favorable termination requirement to avoid dismissal.”
- discussing situation where Heck bar is triggered by positions taken in summary judgment 11 briefing
- looking to Texas criminal law and procedure to determine whether the proceeding was “civil” and therefore outside the reach of Heck, or “criminal” and therefore subject to Heck’s favorable termination requirement
- “[A] prosecutor does not enjoy absolute immunity for acts of investigation or administration.” (alteration in original) (internal quotation marks and citation omitted)
- “Heck applies only to suits that implicate prior criminal proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barksdale, Dennis, Elrod
Read full opinion on CourtListenerSourced 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.