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Thomas Charles Horne, et al. v. Sheila Sullivan Polk
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15942 · judgment June 25, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The question presented concerns the Heck rule of this Court (Heck v. Humphrey, 512 U.S. 477 (1964). In that case, this Court held, in the criminal context, that the statute of limitations for a section 1983 action runs from the reversal of the judgment which is the subject of the 1983 action, not from when plaintiff should have known of the violation of his rights. The rule has been applied in civil administrative cases involving prisoner discipline. The question is whether it should be applied as well in other administrative cases, such as this one, where the policy basis for the rule, articulated in Heck, would also apply here, and where defendants were denied property without due process of law.
Counsel of record
For petitioner
John Douglas Wilenchik
Wilenchik & Bartness, P.C.
For respondent
Daniel Patrick Schaack
Arizona Atty. General
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 22 2021Petition DENIED.
- Jan 13 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 06 2021Waiver of right of respondent Sheila Polk to respond filed.
- Oct 14 2020Petition for a writ of certiorari filed. (Response due February 4, 2021)