The following excerpt is from Amaker v. Weiner, 179 F.3d 48 (2nd Cir. 1999):
We also find that in cases such as this, where the viability of the plaintiff's claim depends on his conviction being invalidated, the statute of limitations begins to run upon the invalidation, not the time of the alleged government misconduct. See Heck, 512 U.S. at 489-90; see also Covington v. City of New York, 171 F.3d 117 (2d Cir.1999). Inasmuch as plaintiff's conviction has not been overturned, the statute of limitations has not begun to run. The district court's dismissal of the entire complaint with prejudice on these grounds was thus also unwarranted.
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