Flores-Haro v. Slade

OPINION AND ORDER

MOSMAN, United States Chief District Judge

Cessante ratione legis, cessat ipsa lex. When the reason for the law ceases to exist, so, effectively, does the law. The usual setting for this maxim is regulatory law: when, for example, there is a reduced speed limit near a school, then if the school ceases to be a school the lower speed limit should end. But unless we are talking about a bright line prophylactic rule like Miranda, this same principle applies to case law.

In this ease, the law involved is known as the Heck doctrine, from Heck v. Humphrey, 512 U.S. 477, 114 S.Ct.…