United States Tenth Circuit

In plaintiff's appeal from the district court's denial of his motion to amend his complaint to state claims of false imprisonment and denial of access to the courts, the order is reversed where: 1) the district court abused its discretion when it denied the motion to file an amended complaint without any consideration of whether plaintiff had given an excusable cause for his delay in amending the complaint as directed; and 2) a petitioner who had no available remedy in habeas, through no lack of diligence on his part, was not barred by Heck from pursuing a section 1983 claim.

Appellate Information

• Decided 10/19/2010
• Published 10/19/2010

Judges

• Monroe C. McKay

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Solomon Ben-Tov Cohen