Can a plaintiff bring an action under Section 1983 of the Criminal Code alleging that he was wrongfully convicted of a sexual assault?
MultiRegion, United States of America
The following excerpt is from Adams v. Garcia, Case No.: 3:17-cv-00433-MMA-AGS (S.D. Cal. 2017):
at 928-29 (noting that plaintiff may not bring a 1983 action that "'necessarily require[s] [him] to prove the unlawfulness of his conviction'" unless he can "first ... prove that the conviction ... was eliminated, including 'by a federal court's issuance of a writ of habeas corpus.'") (quoting Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)).
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