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Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck

Loaded on Nov. 7, 2018 published in Prison Legal News November, 2018, page 47
Filed under: Disciplinary Hearings, Guard Brutality/Beatings. Location: Florida.

The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is a specific one that both necessarily implies the earlier decision is invalid and …

 

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