Stanley M. Ballenger v. John Dale Owens, Lance Corporal and South Carolina State Trooper State of South Carolina

How courts have described this case

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

• holding that because success on plaintiff’s illegal search claim under § 1983 would imply the invalidity of his underlying conviction, his claim was barred by Heck
• holding on facts similar to this case that when evidence seized in violation of the Fourth Amendment is the only evidence underlying a conviction, a successful civil challenge would necessarily imply the invalidity of the conviction
• observing that Ballenger’s post-conviction proceedings were pending
• “[F]or purposes of the Eleventh Amendment, a state official acting in his official capacity is protected from a damages action by the same immunity.”
• where evidence of offense was uniquely available from search and seizure, § 1983 claim alleging the search was illegal was barred by Heck
• “[F]or purposes of the Eleventh Amendment, a state official acting in his official capacity is protected from a damages action by the same immunity [as the State].”

Source: CourtListener parenthetical corpus (CC0).