Legal Opinion
Thore v. Howe
Court of Appeals for the First Circuit
Decided October 27, 2006No. 06-1627PublishedCited by 98 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This suit under 42 U.S.C. § 1983 asserting excessive force and conspiracy claims raises two interesting issues not directly addressed before by this circuit. The first is whether the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), bars the civil rights claim asserting excessive force brought by plaintiff Thore, who earlier pled guilty to state criminal charges, arising from the same event, of assault with a dangerous weapon on police officers. The second issue is whether Thore is judicially estopped from…
2Cases cited43 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Heck v. HumphreySupreme Court of the United States · 1994
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Wilkinson v. DotsonSupreme Court of the United States · 2005
- Brosseau v. HaugenSupreme Court of the United States · 2004
38 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Perry v. BlumCourt of Appeals for the First Circuit · 2010
- Federal Communications Commission v. Airadigm Communications, Inc.Court of Appeals for the Seventh Circuit · 2010
- Hooper v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2011
- Yount v. City of SacramentoCalifornia Supreme Court · 2008
- Guay v. BurackCourt of Appeals for the First Circuit · 2012
93 more not listed; retrieve them via the Exa API.