{"id":4074,"date":"2010-06-06T13:26:37","date_gmt":"2010-04-18T00:08:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-17T14:31:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4074","title":{"rendered":"CA7: Excessive force during arrest claim not barred by <em>Heck<\/em>"},"content":{"rendered":"<p>Plaintiff\u2019s claim he was \u201cbeaten mercilessly both before and after the officers gained custody of him\u201d was not barred by <a href=\"http:\/\/scholar.google.com\/scholar_case?case=8197947172835648464&amp;q=heck+v.+humphrey&amp;hl=en&amp;as_sdt=20002\">Heck<\/a>. He was proceeding pro se and had a hard time articulating his claim, but he did. <a href=\"http:\/\/www.ca7.uscourts.gov\/tmp\/WX1FFWRA.pdf\">Evans v. Poskin<\/a>, 603 F.3d 362 (7th Cir. 2010)*:<\/p>\n<blockquote><p>We held in Gilbert that, under similar circumstances, a prisoner need not repudiate his allegation that he did nothing wrong in order to maintain that he was the victim of excessive force. <a href=\"http:\/\/scholar.google.com\/scholar_case?case=8197947172835648464&amp;q=heck+v.+humphrey&amp;hl=en&amp;as_sdt=20002\">Heck<\/a> prevents such a person from prevailing in the \u00a71983 action on a position incompatible with the conviction, but the plaintiff need not adopt the defendants\u2019 view of what occurred in order to contest the degree of force used.<\/p><\/blockquote>\n<p>Defense counsel could not be ineffective for not challenging part of the affidavit for the search warrant under Franks because his argument would not undermine any probable cause. Miller v. United States, 2010 U.S. Dist. LEXIS 36968 (N.D. Ind. April 13, 2010).*<\/p>\n<p>Officers were found not to have entered the defendant\u2019s property before the warrant was issued. The court finds that the \u201c14:00\u201d that was written in one report should have been \u201c4 p.m.,\u201d and that officer was mistaken. United States v. Glass, 2010 U.S. Dist. LEXIS 36677 (W.D. Ky. April 13, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4074\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4074","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4074","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4074"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4074\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4074"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4074"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4074"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}