TX6: USDC dismissal w/o prejudice for Heck bar not preclusive of later state court action

Plaintiff originally sued in federal court and was barred by Heck, but dismissal was without prejudice to removal of the Heck bar. That was not preclusive of a state court action as res judicata. He claimed an unlawful seizure and taking a building used as a drug house as drug paraphernalia. Shugart v. Thompson, 2017 Tex. App. LEXIS 215 (Tex. App. – Texarkana Jan. 12, 2017).

The District Court did not abuse its discretion in not conducting a hearing on defendant’s claim GPS was installed on his car in 2010 before Jones when circuit precedent said it was lawful. United States v. Diaz-Lozano, 2017 U.S. App. LEXIS 374 (9th Cir. Jan. 9, 2017).

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