· 10/26/2006
McCann, Patrick J. v. Neilsen, Ken
Citations
- 466 F.3d 619
- 2006 U.S. App. LEXIS 26631
- 2006 WL 3025800
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 is Heck-barred “if specific factual allegations in the complaint are necessarily inconsistent with the validity of the conviction”
- concluding that if a plaintiff “makes allegations that are inconsistent with the conviction’s having been valid, Heck kicks in and bars his civil suit.”
- holding that the district court erred by finding that the plaintiff pleaded facts contradicting his conviction, but accepting the legal premise that factual allegations can trigger the Heck bar
- holding that excessive force claim “is Heck-barred despite its theoretical compatibility with his underlying conviction if specific factual allegations in the complaint are necessarily inconsistent with the validity of the conviction”
- holding that excessive force claim “is Heck-barred despite its theoretical compatibility with his underlying conviction if specific factual allegations in the complaint are necessarily inconsistent with the validity of the conviction”
- holding that a claim was not Heck-barred where the plaintiff did not deny his assaultive and obstructive conduct but alleged that the deputy’s use of force in response was not reasonable
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Rovner, Sykes
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.