Joseph Flying Horse v. James Hansen
Court of Appeals for the Eighth Circuit
1Per curiam
South Dakota inmate Joseph Flying Horse appeals after the district court dismissed his pro se 42 U.S.C. § 1983 complaint pre-service in December 2016, on the ground that it was barred under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). The district court also denied his post-judgment Federal Rule of Civil Procedure 60(b) motion. Upon de novo review, we reverse in part, affirm in part, and remand the case for further proceedings. See Colbert v. City of Monticello, Ark., 775 F.3d 1006, 1007 (8th Cir. 2014) (per curiam) (dismissal of claim under Heck is reviewed de…
2Cases cited8 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Gerstein v. PughSupreme Court of the United States · 1975
- United States v. Kenneth Huie DavisCourt of Appeals for the Eighth Circuit · 1986
- Kevin L. Noah v. Bond Cold StorageCourt of Appeals for the Eighth Circuit · 2005
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