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Prison Officials Waive Untimely Asserted Heck Defense
Loaded on Oct. 15, 1999
published in Prison Legal News
October, 1999, page 20
The Seventh Circuit court of appeals has held that prison officials' untimely assertion of the Heck defense waived the defense.
Filed under:
Prosecutor/Attorney General Misconduct,
Disciplinary Litigation,
Civil Procedure,
Defenses,
Sanctions.
Location:
Illinois.
Richard Carr, a middle-aged minimum- security Illinois prisoner was 96 days from release in 1989 when young gang members on his unit rioted. The gang members threatened anyone who tried …
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More from this issue:
- Insanity, Brutality and Fatality: Florida's X-Wing Marks the End of the Line, by Dan Pens
- Death Row Eulogy, by Van Poyck, William
- Worst of the Worst?
- From the Editor, by Paul Wright
- Florida Jail Workers Busted in Bribery Investigation
- Pro Se Tips and Tactics (Discovery), by John Midgley
- Georgia Court Access Consent Decree Terminated
- Arizona DOC Settles Sexual Abuse Suit
- ADOC Settlement Terms
- FBI Investigates CCA-Run INS Center in New Jersey
- Pro Se Texas Prisoner Awarded $1.08 Million in Failure to Protect Suit
- Media Interview Protected Free Speech
- Florida Jail Guard Found Guilty in Prisoner's Death
- Tough on Prisoners Florida Sheriff Avoids Prison
- Supreme Court Holds PLRA Attorney Fee Cap Inapplicable to Work Performed Before Enactment
- PLRA Attorney Fee Limits Not Retroactive in Second Circuit
- Utah Jail Settles ADA Suit
- $90,000 Settlement in Utah Jail Suicide
- CDC Settles Excessive Force Suit for $1,000, by John Gann
- Private Transportation Company Liable Under 42 USC § 1983
- Michigan's Female Prisoners Have Educational Parity
- Go Directly to Jail: At the Academy in Alpharetta, Men Pay Big Bucks to Pretend They're in Prison, by Dan Savage
- Concealment of Info Tolls Statute of Limitations
- Texas Settles with Hanged Prisoner's Family
- Prison Officials Waive Untimely Asserted Heck Defense
- Racial Segregation in Double Celling Unconstitutional
- Georgia Parole Regulation Still Ex Post Facto
- Feds Not Obligated to Accept State-Ordered Concurrent Sentence, by Ronald Young
- CDC Whistleblower Gets $1.7 Million
- Alabama Prison Officials Held in Contempt Again
- News in Brief
- BOP Sentence Reduction Exclusion Based on INS Detainer Upheld, by Ronald Young
- Perp Walks Unconstitutional According to New York Federal Court
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- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- New York State Moves to Dismiss Hundreds of Prison Sexual Assault Lawsuits, Feb. 1, 2026. Staff-Prisoner Assault, DOC/BOP misconduct, Prosecutor/Attorney General Misconduct, Authority and Jurisdiction, Access To Courts.
- New York City Mayor’s Order Opening Rikers Island to ICE Declared Illegal, Jan. 1, 2026. Government Misconduct, Prosecutor/Attorney General Misconduct, Injunctions, Deportation/Removal/Exclusion, Enforcement of Immigration Laws.
- Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026. Police Misconduct, Prosecutor/Attorney General Misconduct, Perjury/Perjured Testimony, Constructive/Imputed/Presumed knowledge, Brady/Giglio/Jencks Act Issues.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- New Jersey Breaks Ground on New $330 Million Women’s Prison After Raid at Old Facility, Dec. 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Prosecutor/Attorney General Misconduct, Guard Brutality/Beatings, Prison Rape Elimination Act.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- California Attorney Disbarred for Deceiving Prisoners Seeking Resentencing, Aug. 1, 2025. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Counsel - Effective Assistance of.
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.

