Heck v Humphrey

Surat v. Klamser

Submitted by Re'Neisha Stevenson on Tue, 12/06/2022 - 15:48

Excessive force claim not barred by Heck, not inconsistent with conviction for resisting arrest and obstructing officer based on analysis of elements; factual disputes precluded determination of whether force was excessive; officer entitled to qualified immunity because not clearly established that using takedown maneuver to throw arrestee to ground while she was resisting arrest but did not pose danger to officer or others would violate her rights.

Dennis v. City of Philadelphia

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 13:58

Plaintiff had been convicted of murder and served several years, obtained relief on habeas corpus, then pleaded guilty to reduced charges for time served, filed civil suit challenging police misconduct that led to initial conviction; officers appealed district court’s denial of qualified immunity and denial of motion to dismiss based on Heck, and Circuit ruled that it was without jurisdiction to hear the Heck issue, which it distinguished from the issues on qualified immunity.