{"id":7111,"date":"2013-01-07T06:01:21","date_gmt":"2012-05-11T07:35:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-05-11T07:43:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7111","title":{"rendered":"CA6: SOL for search 1983 cases run from search, and they are not dependent on underlying criminal case"},"content":{"rendered":"<p>Plaintiff\u2019s 1983 case was an attempt to relitigate his state criminal case, and it was barred under Heck v. Humphrey. Alternatively, it is time barred because search claims don\u2019t depend on overturning the state conviction to accrue. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/12a0481n-06.pdf\">Hunt v. Michigan<\/a>, 482 Fed. Appx. 20 (6th Cir. 2012)*:<\/p>\n<blockquote><p>But even if we were to agree with Hunt that some of his search-and-seizure claims are not barred by Heck, dismissal of his complaint was still proper because those claims are time-barred. The search and arrest about which Hunt complains occurred in October 1998, but Hunt did not file his complaint until November 2009, well beyond the three-year statute of limitations that applies to \u00a7 1983 claims in Michigan. See Wolfe v. Perry, 412 F.3d 707, 713-14 (6th Cir. 2005). To the extent his claims are not barred by Heck, they do not benefit from the rule that a claim so barred does not accrue until the state conviction has been overturned. Heck, 512 U.S. at 489-90; see Eidson v. State of Tenn. Dep&#8217;t of Children&#8217;s Servs., 510 F.3d 631, 641 (6th Cir. 2007). Because Hunt&#8217;s claims are either Heck-barred or time-barred, the district court properly dismissed his complaint.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7111\">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-7111","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7111","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=7111"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7111\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7111"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7111"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7111"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}