· 1/20/1998
Nahshon Jackson v. Suffolk County Homicide Bureau, Thomas P. Hughes
Citations
- 135 F.3d 254
- 1998 U.S. App. LEXIS 731
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that excessive force claim under section 1983 could proceed where prevailing on such a claim would not call into question 3 validity of underlying state criminal conviction
- holding that Heck did not bar Fifth 7 Amendment claim for excessive force because “a 8 finding that excessive force had in fact been used 9 would not necessarily require invalidation of the 10 conviction”
- finding excessive force claim under section 1983 not barred as “lack[ing] the requisite relationship to the conviction”
- reversing dismissal of excessive force claim pursuant to Heck because a finding that excessive force had in fact been used would not necessarily require the invalidation of the conviction
- “[A] claim for use of excessive force lacks the requisite relationship to the conviction. . . . [A] finding that excessive force had in fact been used would not necessarily require the invalidation of the conviction.”
- although all of plaintiff's 42 U. S. C. § 1983 claims arose out of a single state-court criminal proceeding, plaintiff's First Amendment claims did not arise out of the same conduct as the originally asserted excessive force claims, and therefore did not relate back
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Kearse, Parker
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.