John Wesley SMITHART, Plaintiff-Appellant, v. Robert TOWERY; John A. Knight; Scott McGregor, Defendants-Appellees

How courts have described this case

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

• holding that a Section 1983 action must be dismissed under Heck if a criminal conviction arising out of the same facts stands and is fundamentally inconsistent with the unlawful behavior for which damages are sought
• holding that under Heck, if a criminal conviction arising out of the same facts stands and is fundamentally inconsistent with the unlawful behavior for which § 1983 damages are sought, the § 1983 action must be dismissed
• holding Heck bars plaintiff’s claims that defendants 19 lacked probable cause to arrest him and brought unfounded charges against him
• holding that although the plaintiff had been convicted for assault with a deadly weapon for his attempt to run over officers with his vehicle, his excessive force claim against the officers for their subsequent use of force was not barred by Heck
• affirming a Heck-based dismissal of § 1983 claims alleging that police officers lacked probable cause for plaintiff’s arrest and brought unfounded criminal charges
• finding Heck barred claim that the arrest lacked 15 probable cause, and the defendants had brought unfounded charges against him

Source: CourtListener parenthetical corpus (CC0).