Does a judgment in plaintiff's favor necessarily imply the invalidity of his conviction or sentence?
MultiRegion, United States of America
The following excerpt is from Langston v. Shiaishi, No. CIV S-11-1624 DAD P (E.D. Cal. 2012):
The court is required to determine whether, in this 1983 action for damages, a judgment in plaintiff's favor would necessarily imply the invalidity of his conviction or sentence. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Here, the court is unable to make that determination because the allegations of plaintiff's complaint are too vague and conclusory. Therefore, the court will dismiss the complaint and grant plaintiff leave to file an amended complaint.
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff recover damages under Section 1983 of the Criminal Code if success on the claim would necessarily imply the invalidity of the conviction or sentence? (MultiRegion, United States of America)
Is a claim for damages arising out of a conviction or sentence that has not been invalidated invalidated? (MultiRegion, United States of America)
Does a court have jurisdiction to hear an appeal from the reentry of a judgment of conviction from a reentry judgment of a prior conviction? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
Can a petitioner seek federal habeas relief from a conviction or sentence from a state-court conviction and sentence? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
In a motion to appeal against the sentence of a convicted drug dealer who was convicted of possession of a Class A drug with intent to manufacture and distribute methamphetamine in his home, what are the challenges to his sentence? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
