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· 9/28/1987

People v. Loaiza

Citations

  • 133 A.D.2d 469
  • 519 N.Y.S.2d 685
  • 1987 N.Y. App. Div. LEXIS 49936

How courts have described this case

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

  • noting that “officers had only seconds to react to the threat” of an oncoming vehicle
  • holding that the plaintiff’s “version of the facts” which claimed he acted involuntarily rather than with the requisite intent during his interaction with a peace officer “implies the invalidity of his conviction for aggravated battery, [so] his civil claims are barred by Heck”
  • describing whether there was a “natural breaking point” between the first and later uses of force as “a factual matter”
  • describing whether there was a “natural breaking point” between the first and later uses of force as “a factual matter”
  • finding claim Heck-barred where plaintiff alleged facts inconsistent with his conviction for aggravated battery of peace officer
  • crediting § 1983 plaintiff’s version of facts where he was the party opposing summary judgment

Source: CourtListener parenthetical corpus (CC0).

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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.