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Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit
Loaded on March 15, 2010
published in Prison Legal News
March, 2010, page 43
Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment SuitThe Fourth Circuit Court of Appeals has joined five other circuits in holding that a former prisoner’s § 1983 false imprisonment claim is not barred by the “favorable termination” requirement of Heck v. Humphrey, 512 U.S. 477 (1994).
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More from this issue:
- The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned, by Bob Sloan
- From the Editor, by Paul Wright
- First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case, by Matthew Clarke
- Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints, by Lance Tapley
- Prison Labor Bails Out State and County Budgets, by Gary Hunter
- All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen, by Todd Matthews
- Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending, by Brandon Sample
- California Cuts Funding for Prop 36 Drug Treatment Programs, by Michael Brodheim
- Michigan Study Shows Incarceration Can Cause Illness in Loved Ones, by Gary Hunter
- Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal
- Sexual Victimization Widespread in U.S. Correctional Facilities, by Brandon Sample
- Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State, by Jimmy Franks
- Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges, by Joseph R. Dole
- A Tight Leash: Judges Micromanage Federal Offenders After Release, by Brandon Sample
- Texas Counties Give Up on Probationer Restitution Centers, by Matthew Clarke
- Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts, by Michael Brodheim
- Call Your Attorney from Jail, Go to Prison, by John Dannenberg
- Washington Sex Offender Relieved of Obligation to Register
- Texas Youth Commission Causes Consternation, Conflict in State Legislature, by Gary Hunter
- Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants, by Brandon Sample
- California Prisoner Settles Medical Suit for $35,000
- California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population, by John Dannenberg
- New Orleans Jail Conditions Found Unconstitutional, by Jimmy Franks
- Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating
- California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited
- In Support of Ending Prosecutorial Misconduct, by Jimmy Franks
- GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement
- South Carolina Prisoner Does Easy Time, by Gary Hunter
- $100,000 Settlement in New York Prisoner’s Slip and Fall Claim
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- News in Brief:
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- Minnesota Man Out of Prison After Being Exonerated of Murder, Feb. 1, 2021. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence.
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- Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence, May 5, 2020. Wrongful Imprisonment, Federal Tort Claims Act.