{"id":41581,"date":"2020-01-01T10:45:01","date_gmt":"2020-01-01T15:45:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41581"},"modified":"2020-01-01T11:01:55","modified_gmt":"2020-01-01T16:01:55","slug":"ca11-no-heck-bar-for-%c2%a7-1983-false-arrest-claim-over-dismissed-criminal-count","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41581","title":{"rendered":"CA11: No <em>Heck<\/em> bar for  \u00a7 1983 false arrest claim over dismissed criminal count"},"content":{"rendered":"<p>The district court erred in dismissing plaintiff&#8217;s \u00a7 1983 false arrest claim against the deputy on Heck grounds because Heck did not apply\u2013the charge that formed the basis for his \u00a7 1983 claim was dismissed, and his \u00a7 1983 suit challenging his trespassing arrest did not share a common element with his state convictions for harassing phone calls and marijuana possession arising from different incidents. His malicious arrest claim against the deputy under state law was properly dismissed because the state dismissed the criminal charge based on a compromise agreement. Thus, it did not terminate in his favor. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/201813101.pdf\">Henley v. Payne<\/a>, 2019 U.S. App. LEXIS 38625 (11th Cir. Dec. 30, 2019).*<\/p>\n<p>Defendant was not denied any right to cross-examine witnesses at the suppression hearing where there were none called. United States v. Rosebar, 2019 U.S. App. LEXIS 38632 (D.C. Cir. Dec. 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The district court erred in dismissing plaintiff&#8217;s \u00a7 1983 false arrest claim against the deputy on Heck grounds because Heck did not apply\u2013the charge that formed the basis for his \u00a7 1983 claim was dismissed, and his \u00a7 1983 suit &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41581\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,121],"tags":[],"class_list":["post-41581","post","type-post","status-publish","format-standard","hentry","category-45","category-abstention"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41581","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=41581"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41581\/revisions"}],"predecessor-version":[{"id":41585,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41581\/revisions\/41585"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41581"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41581"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}