United States Eleventh Circuit

In civil rights suit alleging use of excessive force during arrest, summary judgment for defendants under Heck v. Humphrey 512 U.S. 485 (1994) is reversed as a successful suit under 42 U.S.C. section 1983 would not contradict plaintiff's underlying conviction, and thus her suit is not Heck-barred.

Appellate Information

• Decided 06/05/2007
• Published 06/05/2007

Judges

• STAHL, Circuit Judge:, Before BARKETT, KRAVITCH and STAHL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael R. McDonnell, Colleen J. MacAlister, McDonnell Trial Lawyers, Naples, FL, for Dyer.


• For Appellees:
  
• Bruce Wallace Jolly, Purdy, Jolly & Giuffreda, P.A., Ft. Lauderdale, FL, for Defendants-Appellees.