Legal Opinion

Brian Burd v. Gail Sessler

Court of Appeals for the Seventh Circuit

Decided December 17, 2012No. 12-1337PublishedCited by 60 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

Brian Burd alleges in this action under 42 U.S.C. § 1983 that prison officials de prived him of access to the courts by preventing him from using library resources to prepare a motion to withdraw his guilty plea. As the case comes to us, he seeks damages from the prison officials. The district court held that such a claim is barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). We agree with the district court and therefore affirm its judgment.

I

BACKGROUND

1

On December 7, 2009, Mr. Burd pleaded guilty in Illinois state court to attempted…

2Cases cited22 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Bounds v. SmithSupreme Court of the United States · 1977
  5. Spencer v. KemnaSupreme Court of the United States · 1998

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3Cited by60 opinions

  1. Johnnie Savory v. William Cannon, Sr.Court of Appeals for the Seventh Circuit · 2020
  2. Timothy Sampson v. Cathy GarrettCourt of Appeals for the Sixth Circuit · 2019
  3. Christopher Covey v. Assessor of Ohio CountyCourt of Appeals for the Fourth Circuit · 2015
  4. Haywood v. HathawayCourt of Appeals for the Seventh Circuit · 2016
  5. Jeryme Morgan v. Minh SchottCourt of Appeals for the Seventh Circuit · 2019

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

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