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Resolving tension between Wallace and Heck

By John Wesley Hall, Jr.

Plaintiff's claim arose with his arrest under Wallace v. Kato and was not barred by Heck v. Humphrey. Wallace applies even though all the facts occurred before it was decided. (The court also discusses the tension between Wallace and Heck.) Kamar v. Krolczyk, 2008 U.S. Dist. LEXIS 55975 (E.D. Cal. July 16, 2008): The court finds that the recent Supreme Court case of Wallace v. Kato, 549 U.S. 384, 127 S.Ct. 1091, 166 L. Ed. 2d 973 (2007), has effectively overruled Harvey [v. Waldron, 210 F.3d 1008 (9th Cir. 2000)]. In Wallace, the plaintiff contended that any civil rights action that would impugn his anticipated future conviction could not be brought until that conviction occurs and is set aside. Wallace, 127 S.Ct. at 1098. The Supreme Court refused to embrace what the Supreme Court entitled a "bizarre extension of Heck...continue to full post

Full post as published by Fourth Amendment on July 28, 2008 (boomark / email).