{"id":60595,"date":"2025-03-27T07:06:52","date_gmt":"2025-03-27T12:06:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60595"},"modified":"2025-03-27T07:15:49","modified_gmt":"2025-03-27T12:15:49","slug":"d-kan-%c2%a7-1983-complaint-questions-state-conviction-and-is-barred-by-heck","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60595","title":{"rendered":"D.Kan.: \u00a7 1983 complaint questions state conviction and is barred by <em>Heck<\/em>"},"content":{"rendered":"\n<p>Plaintiff\u2019s 242 paragraph \u00a7 1983 complaint calls into question his criminal conviction, so it\u2019s barred by Heck. Turner v. Kansas Court of Appeals, 2025 U.S. Dist. LEXIS 55052 (D. Kan. Mar. 25, 2025).*<\/p>\n\n\n\n<p>\u201cHere, Plaintiff&#8217;s Fourth Amendment unlawful imprisonment and \u2018failure to investigate\u2019 \u00a7 1983 claims are rooted in the alleged impropriety of his probation violation proceedings. Heck prevents these claims from passing go.\u201d Williams v. Macomb Cty., 2025 U.S. Dist. LEXIS 55241 (E.D. Mich. Mar. 25, 2025).*<\/p>\n\n\n\n<p>\u201cThis is, in other words, a context-dependent excessive force case in which the unconstitutionality of Hines&#8217;s conduct must be established, not through highlevel legal principles, but through specific facts from analogous case law. \u2026 Yet Thomas\u2014on whom lies the burden of showing that qualified immunity does not apply\u2014has failed to identify a single factually analogous case that could have given Hines \u2018fair warning\u2019 that his conduct in arresting Thomas was unconstitutional. \u2026 And the factually analogous case law that the Court has found\u2014for example, Buckley, Charles, and Woodruff\u2014indicates the opposite, that Hines&#8217;s use of force was objectively reasonable. Thomas has therefore failed to show that Hines is not entitled to qualified immunity, and Hines is accordingly entitled to judgment on Thomas&#8217;s Fourth Amendment claim as a matter of law.\u201d Thomas v. Hines, 2025 U.S. Dist. LEXIS 53369 (N.D. Ga. Mar. 24, 2025).*<\/p>\n\n\n\n<p>Plaintiff\u2019s alleged false arrest by CBP near the border was a new Bivens claim and rejected. Romero v. United States, 2025 U.S. Dist. LEXIS 54301 (S.D. Cal. Mar. 24, 2025).*<\/p>\n\n\n\n<p>Summary judgment for the officer was properly denied because of questions of material fact. Savage v. Segura, 2025 U.S. App. LEXIS 6883 (9th Cir. Mar. 25, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s 242 paragraph \u00a7 1983 complaint calls into question his criminal conviction, so it\u2019s barred by Heck. Turner v. Kansas Court of Appeals, 2025 U.S. Dist. LEXIS 55052 (D. Kan. Mar. 25, 2025).* \u201cHere, Plaintiff&#8217;s Fourth Amendment unlawful imprisonment and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60595\">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":[45,52,126,40],"tags":[],"class_list":["post-60595","post","type-post","status-publish","format-standard","hentry","category-45","category-excessive-force","category-issue-preclusion","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60595","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=60595"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60595\/revisions"}],"predecessor-version":[{"id":60597,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60595\/revisions\/60597"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60595"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60595"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60595"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}