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· 1/12/1998

Marcus Gonzalez v. James Entress

Citations

  • 133 F.3d 551
  • 1998 U.S. App. LEXIS 368
  • 1998 WL 7195

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 claim based on unlawful search or seizure is not barred by Heck
  • observing that “a violation of the Fourth Amendment does not necessarily impugn the validity of a conviction”
  • “[A] claim asserting a violation of the fourth amendment necessarily ‘accrues’ at the time of the unlawful search or seizure, as we have held several times.”
  • “Although federal law defines the accrual of the claim for a constitutional tort, state law supplies the period of limitations and the associated doctrine of tolling.”
  • “Application of excessive force at a police station violates the Constitution and is immediately actionable, even if the prosecutor never tries to use the confession at trial.”
  • The Seventh Circuit has held “several times” that a “claim asserting a violation of the fourth amendment necessarily ‘accrues’ at the time of the unlawful search or seizure.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Easterbrook, Ripple

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.