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· 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 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.