Can a plaintiff bring an action raising claims against an ongoing criminal proceeding?
MultiRegion, United States of America
The following excerpt is from Britton v. Cal. Superior Court, No. 2:18-cv-2974 KJN P (E.D. Cal. 2019):
In addition, it appears that claim three challenges ongoing criminal proceedings. Heck does not bar a plaintiff from bringing an action raising claims challenging ongoing criminal proceedings. Wallace v. Kato, 549 U.S. 384, 393-94 (2007), explains that such an action should be stayed:
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