Garza v. Burnett
Court of Appeals for the Tenth Circuit
1Opinion of the Court
CERTIFICATION OF QUESTION OF STATE LAW
LUCERO, Circuit Judge.
Under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), a plaintiff may not sue under 42 U.S.C. § 1983 if success in the action would undermine a criminal conviction. Because of that bar, a cause of action subject to Heck “does not accrue until the conviction or sentence has been invalidated.” Id. at 490, 114 S.Ct. 2364. Prior to 2007, this court applied the Heck bar to both extant and anticipated convictions. See Beck v. City of Muskogee Police Dep’t, 195 F.3d 553, 557 (10th Cir.1999). However, the Supreme…
Also in this document: Concurring in the judgment.
2Cases cited10 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Wallace v. KatoSupreme Court of the United States · 2007
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Beck v. City of Muskogee Police DepartmentCourt of Appeals for the Tenth Circuit · 1999
- State v. LopezUtah Supreme Court · 1994
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3Cited by65 opinions
- Bledsoe v. Jefferson CountyDistrict Court, D. Kansas · 2017
- Garza v. BurnettUtah Supreme Court · 2013
- Spurlock v. TownesCourt of Appeals for the Tenth Circuit · 2014
- Howard v. Zimmer, Inc.Court of Appeals for the Tenth Circuit · 2012
- Onyx Properties LLC v. Board of County CommissionersDistrict Court, D. Colorado · 2012
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