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Heck Applies to Suits Over Seized Property
Heck v. Humphrey applies to pending criminal cases as well as to convictions, so a plaintiff's 1983 claim arising from the seizure of property on which a dismissed criminal case was based does not accrue until the dismissal. A claim of sale of seized property without due process of law accrues when the plaintiff knows or should know about its disposition, a date that was delayed by several years because the prosecutor falsely told him the property would be returned. See: Harvey v. Waldron, 210 F.3d 1008 (9th Cir. 2000).
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Related legal case
Harvey v. Waldron
| Year | 2000 |
|---|---|
| Cite | 210 F.3d 1008 (9th Cir. 2000) |
| Level | Court of Appeals |
| Injunction Status | N/A |