· 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).
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.