Grier v. Klem
Court of Appeals for the Third Circuit
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
- Heck v. HumphreySupreme Court of the United States · 1994
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Wilkinson v. DotsonSupreme Court of the United States · 2005
- Nami v. FauverCourt of Appeals for the Third Circuit · 1996
- District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
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- Cheryl Slater v. Susquehanna CountyCourt of Appeals for the Third Circuit · 2012
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