United States Eleventh Circuit
HARDEN v. PATAKI, 01-15186
A claim for damages and declaratory relief brought by a state prisoner challenging the validity of the procedures used to extradite him from Georgia to New York, otherwise cognizable under 42 U.S.C. section 1983, is not barred by Heck v. Humphrey, 114 S. Ct. 2364 (1994), which held that a prisoner's claim for damages is not cognizable if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence.
Appellate Information
- Decided 02/10/2003
- Published 02/11/2003
Judges
- BIRCH, Circuit Judge:, Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Robert C. Port (Appointed by Appeals Court), Hassett, Cohen, Goldstein & Port, LP, Atlanta, GA, for Plaintiff-Appellant.