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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


Certiorari denied · February 22, 2021
Pre-decision estimate: 3% cert probability

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

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 13 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 06 2021
    Waiver of right of respondent Sheila Polk to respond filed.
  4. Oct 14 2020
    Petition for a writ of certiorari filed. (Response due February 4, 2021)