Legal Opinion

Grier v. Klem

Court of Appeals for the Third Circuit

Decided January 12, 2010No. 06-3551PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

AppellanL-Plaintiff Emmitt Grier, Jr. (“Grier”) appeals from the District Court’s decision granting Appellee-Defendants Erie County District Attorney’s (“District Attorney”) and Superintendent Edward Klem’s motion to dismiss his § 1983 claim, determining it is barred by the Heck rule. 1 For the following reasons, this Court will vacate the District Court’s order and remand for further proceedings.

I

Grier was convicted of two counts of rape, one count of attempted rape, one count of burglary and three counts of unlawful restraint. He received a…

2Cases cited16 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Wilkinson v. DotsonSupreme Court of the United States · 2005
  4. Nami v. FauverCourt of Appeals for the Third Circuit · 1996
  5. District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009

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3Cited by51 opinions

  1. Huertas v. Galaxy Asset ManagementCourt of Appeals for the Third Circuit · 2011
  2. James Polidoro v. Gerald SalutiCourt of Appeals for the Third Circuit · 2017
  3. Kristie Bell v. Cheswick Generating Station GeCourt of Appeals for the Third Circuit · 2013
  4. Fred Clayworth v. County of LuzerneCourt of Appeals for the Third Circuit · 2013
  5. Cheryl Slater v. Susquehanna CountyCourt of Appeals for the Third Circuit · 2012

46 more not listed; retrieve them via the Exa API.

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