W.D.Va.: § 1983 case over same search lost in state court is barred by Heck

Plaintiff’s § 1983 case is a replay of his search issue he lost in state court, so it’s barred by Heck v. Humphrey. Wells v. Martin, 2018 U.S. Dist. LEXIS 162564 (W.D. Va. Sep. 24, 2018).

Because plaintiff’s decedent was using more and more force against the officer to resist arrest, the officer was also permitted to, and this did not violate clearly established law. The use of deadly force was justified when plaintiff’s decedent pinned the officer down and was beating his face, and the officer felt he was losing consciousness and shot him. Shumpert v. City of Tupelo, 2018 U.S. App. LEXIS 27263 (5th Cir. Sep. 24, 2018).*

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