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· 2/18/2011

Polzin v. Gage

Citations

  • 636 F.3d 834
  • 2011 U.S. App. LEXIS 3415
  • 2011 WL 559956

How courts have described this case

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

  • holding that “courts may bypass the impediment of the Heck doctrine and address the merits of the case”
  • holding that a district court's dismissal under Heck should be without prejudice so that the plaintiff can pursue constitutional claims if the conviction is ever invalidated
  • noting that Heck-barred claim should be dismissed without prejudice so plaintiff may pursue it in the event the underlying conviction/disciplinary sanction is invalidated
  • instructing that “the Heck defense” is not a jurisdictional bar and is therefore subject to waiver
  • stating that “[t]he Heck doctrine is not a jurisdictional bar” and holding that “district courts may bypass the impediment of the Heck doctrine and address the merits of the case”
  • explaining that Heck is not jurisdictional and thus may be forfeited

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Flaum, Ripple

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.