Legal Opinion
ALLEN v. SMITH
District Court, E.D. Pennsylvania
Decided April 29, 2020No. 2:19-cv-03300Unknown
1Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TODD ALLEN : CIVIL ACTION : v. : NO. 19-3300 : CHAD SMITH, et al. : MEMORANDUM KEARNEY, J. April 29, 2020 A man who plead guilty in connection with arrests in 2009 and 2017 but who seeks damages from state actors for violating his civil rights must plead a favorable termination of his convictions to sue the state actors for violating his civil rights leading to those convictions. If he fails to so plead, we must dismiss his case. In reviewing a pro se pleading, we often allow leave to amend if not futile. In…
2Cases cited14 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Heck v. HumphreySupreme Court of the United States · 1994
- Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, IntervenorCourt of Appeals for the Third Circuit · 2002
- Sandra Connelly v. Lane Construction CorpCourt of Appeals for the Third Circuit · 2016
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