Plaintiff stated a claim that police officers knowingly fed false information to an alleged witness to get the witness to implicate him in a double murder from which he was ultimately exonerated. Blake v. Race, 487 F. Supp. 2d 187 (E.D. N.Y. 2007).<\/p>\n
Wallace v. Kato <\/em>required court to reconsider prior holding when elements came together after a prior appeal in the case. Gibson v. Superintendent of New Jersey Dep’t of Law & Pub. Safety-Division of State Police, 2007 U.S. Dist. LEXIS 22871 (D. N.J. March 29, 2007):<\/p>\n While the Third Circuit’s ruling would seem to bind this Court in the instant matter, the Supreme Court has since issued a ruling which appears to contradict the Third Circuit’s recent holding. In Wallace v. Kato, <\/em>127 S. Ct. 1091 (2007), the Supreme Court held that “the statute of limitations upon a \u00a7 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process.” Id. <\/em>at 1100. In so holding, the Court characterized Heck as delaying “what would otherwise be the accrual date of a tort action until the setting aside of an extant conviction which success in that tort action would impugn.” Id.<\/em> at 1098. Regarding false arrest cases, the Court stated that in order to defer accrual of the claim, it would need to extend the Heck<\/em> principle to state “that an action which would impugn an anticipated future conviction cannot be brought until that conviction occurs and is set aside.” Id.<\/em> (emphasis original). Finding such a principle to be impracticable, the Court stated that it was “not disposed to embrace this bizarre extension of Heck<\/em>.” Id.<\/em><\/p><\/blockquote>\n Taking a student out of class by school officials and their lawyer investigating a racial incident at school was not an unreasonable seizure under the Fourth Amendment or T.L.O.<\/em> It was constitutionally insignificant. Mislin v. City of Tonawanda Sch. Dist., 2007 U.S. Dist. LEXIS 23199 (W.D. N.Y. March 28, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading