Judge Don Willett, of the U.S. Circuit Court for the Fifth Circuit. Photo: Diego M. Radzinschi/ALM Judge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule
The rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
September 13, 2024 at 05:14 PM
5 minute read
Civil Rights
The original version of this story was published on National Law Journal
A dissenting U.S. Court of Appeals for the Fifth Circuit judge on Friday raised alarms over a "deep and enduring" circuit split related to the U.S. Supreme Court's "favorable termination" rule regarding the prerequisite for bringing a civil rights lawsuit challenging the constitutionality of a conviction.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Law Firms Mentioned
Trending Stories
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
