Does the Heck bar apply where a claim for habeas corpus is brought before a state tribunal?
MultiRegion, United States of America
The following excerpt is from Poventud v. City of N.Y., Docket No. 12-1011-cv (2nd Cir. 2014):
state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus." Heck, 512 U.S. at 486-87; see also Wallace v. Kato, 549 U.S. 384, 393 (2007)(noting that Heck bar applies where 1983 claim would necessarily "impugn" an extant conviction). None of those things have happened here.
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