United States Second Circuit

Summary judgment to defendants dismissing plaintiff's 1983 claims as barred by Heck v. Humphrey, is vacated and remanded, where: 1) because plaintiff is no longer in custody, federal habeas relief is unavailable to him; 2) under the law of the 2nd Circuit, a plaintiff asserting the unconstitutionality of his conviction or incarceration must have access to a federal remedy, either under the habeas statute or under section 1983; 3) since plaintiff cannot avail himself of habeas relief, he must be allowed to pursue his claims under section 1983; and therefore, 4) Heck's exception to section 1983's broad coverage does not apply to plaintiff's claims.

Appellate Information

• Decided 04/19/2013
• Published 04/19/2013

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel