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The U.S. Court of Appeals for the Second Circuit will rehear en banc a ruling that an ex-prisoner whose attempted murder conviction was thrown out can still pursue a civil rights lawsuit even though he pleaded guilty to a lesser offense just to get out of prison. In April, a panel ruled 2-1 that released inmate Marcus Poventud is not prevented by Heck v. Humphrey, 512 U.S. 477 (1994), from suing prosecutors under §1983 over withheld exculpatory evidence. Heck provides a narrow exception to §1983′s broad coverage by barring suit unless a plaintiff can prove his conviction has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal or called into question by federal habeas corpus grant.

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