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W.D.Ark.: With no Heck bar, claim runs from the bad search

By John Wesley Hall, Jr.

Search and seizure claim not Heck barred [Heck’s n. 7] arose at the time of the event, not prevailing in the case. Hall v. Elrod, 2010 U.S. Dist. LEXIS 65426 (W.D.Ark. February 1, 2010)*: In this case, all actions that Hall alleges are unconstitutional stem from his arrest on August 27, 2004, and the report of the officers about the arrest. Hall's allegation about the officers' false testimony is based on the fact that at later court proceedings they offered testimony consistent with their report. Hall's illegal search and seizure claims were not barred by Heck and the causes of action accrued on August 27, 2004. See e.g., Moore v. Sims, 200 F.3d 1170, 1171-72 (8th Cir. 2000)(noting footnote seven and concluding unlawful search and seizure claims are not barred by Heck); Venegas v...continue to full post

Full post as published by Fourth Amendment on July 03, 2010 (boomark / email).