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Michael T. Brody, co-chair of Jenner & Block. Michael T. Brody, co-chair of Jenner & Block.

In Savory v. Cannon, 947 F.3d 409 (7th Cir. Jan. 7, 2020) (en banc), the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, applied the U.S. Supreme Court’s decision in Heck v. 7th Circuit SpotlightHumphrey, 512 U.S. 477 (1994), and held that Johnny Lee Savory’s civil rights lawsuit, which implicated the validity of his criminal conviction, accrued at the time of Savory’s gubernatorial pardon. It was the pardon, not an earlier event such as Savory’s release from prison or the commutation of his sentence, that constituted a favorable termination of his criminal proceeding and permitted suit. In reaching this conclusion, the Seventh Circuit reviewed a series of its prior decisions applying Heck, repudiating the reasoning of some and overruling others.

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