Thore v. Howe

How courts have described this case

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

• noting that this circuit has “rejected [benefit] as a prerequisite to application of the doctrine”
• providing that the “district court must consider the relationship between the § 1983 claim and the conviction, including asking whether the plaintiff could prevail only by negating an element of the offense of which he was convicted”
• comparing and contrasting circumstances where arrest-related excessive force claims are barred or may proceed
• noting First Circuit reviews de novo questions of law concerning judicial estoppel
• permitting plaintiff's \theory . . . that his excessive force claim need not impugn his convictions for assault and battery with a dangerous weapon in order to establish that [the officer] used excessive force\
• applying judicial estoppel to the facts admitted during a guilty plea

Source: CourtListener parenthetical corpus (CC0).