· 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 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.