Legal Opinion
Ruth Dyer v. Shannon Lee
Court of Appeals for the Eleventh Circuit
Decided June 5, 2007No. 06-14680PublishedCited by 69 opinions
1Opinion of the Court
STAHL, Circuit Judge:
In this case we are asked whether Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), bars a plaintiffs suit under 42 U.S.C. § 1983 for the use of excessive force during her arrest. We conclude that a successful § 1983 suit would not contradict her underlying eon-viction, and thus her suit is not Heck- barred. Therefore, we reverse.
I. BACKGROUND
Because the case was disposed of on summary judgment, we recite the facts in the light most favorable to the plaintiff, the non-moving party. See Bircoll v. Miami-Dade County, 480 F.3d 1072, 1075 n. 1 (11th…
2Cases cited21 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Nelson v. CampbellSupreme Court of the United States · 2004
- Ned Hughes v. Charles LottCourt of Appeals for the Eleventh Circuit · 2003
- Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
16 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Leon F. Harrigan v. Ernesto RodriguezCourt of Appeals for the Eleventh Circuit · 2020
- Hadley v. GutierrezCourt of Appeals for the Eleventh Circuit · 2008
- Kristin Sconiers v. FNU LockhartCourt of Appeals for the Eleventh Circuit · 2020
- Essex Hayward v. Cleveland Clinic Found.Court of Appeals for the Sixth Circuit · 2014
- Evans v. PoskonCourt of Appeals for the Seventh Circuit · 2010
64 more not listed; retrieve them via the Exa API.