State v. Barbara Kay Hester

How courts have described this case

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

• holding that plaintiff must allege specific intent to violate arrestee’s rights
• concluding § 1983 claim alleging excessive force did not necessarily imply the 17 invalidity of the conviction
• finding that the defendants did not 14 demonstrate that the plaintiff’s claims were Heck-barred because they did not identify 15 anything in the record that shows the specific factual basis for the plaintiff’s conviction
• explaining that unavailability cannot be established by asserting that “counsel made reasonable, good faith efforts to procure the witness’s presence” if she “fail[s] to explain what those efforts were” and lacks “any evidence of ac- tual reasonable, good faith efforts”
• involving a Fourth Amendment violation as the basis for a Bane Act claim
• “[T]he specific intent requirement . . . is 26 consistent with the language of Section 52.1, which requires interference with rights by ‘threat, 27 intimidation or coercion,’ words which connote an element of intent.”

Source: CourtListener parenthetical corpus (CC0).