· 3/9/1995
Raymond Trimble v. City of Santa Rosa
Citations
- 49 F.3d 583
- 95 Cal. Daily Op. Serv. 1825
- 1995 U.S. App. LEXIS 4592
- 1995 WL 94674
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming summary judgment and dismissal without prejudice of § 1983 claims that should have been brought through habeas
- affirming 2 dismissal of § 1983 claim predicated on ineffective assistance of counsel; holding claim 3 necessarily implicated invalidity of conviction and thus was barred by Heck
- explaining that ineffective assistance of counsel claims are Heck-barred
- finding a claim alleging that an officer failed to read Miranda warnings was Heck-barred
- when a complaint includes claims that could properly be the subject of a habeas petition, such claims must be dismissed without prejudice
- a civil rights complaint seeking habeas relief should be dismissed without prejudice to filing 13 as a petition for writ of habeas corpus
Source: CourtListener parenthetical corpus (CC0).
Judges: Schroeder, Canby, Leavy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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