If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge?
MultiRegion, United States of America
The following excerpt is from Poventud v. City of N.Y., Docket No. 12-1011-cv (2nd Cir. 2013):
The majority opinion likewise disadvantages the class of persons who achieve vacatur of their convictions. Allowing defendants to seek damages under 1983 after pleading guilty would create an incentive for prosecutors to retry the case rather than offer a plea based on time served. Cf. Olsen v. Correiro, 189 F.3d 52, 69 (1st Cir.
Page 40
"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
In what circumstances will a defendant plead not guilty to a claim that the provisions of the New York State Criminal Code apply to a defendant who has not been convicted of any criminal charges under the same statutes? ("New York", United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
On remand, if convicted of a charge under section 922(g)(1) of the Criminal Code, can the government seek to convict and sentence defendant Keen for only one violation of the federal code of conduct? (MultiRegion, United States of America)
What is the test for a charge under section 924(c)(1) of the Criminal Code when a defendant is found guilty of a charge of sexual assault? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Can a defendant who pleaded guilty to a charge under section 924(c)(1) of the Criminal Code change the meaning of the sentence? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (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)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
