United States Second Circuit

In an en banc opinion, summary judgment to defendants on plaintiff's 42 U.S.C. section 1983 claims alleging that he was denied access to evidence in the government's possession that had a reasonable probability of affecting the result of his trial, is vacated and remanded, where: 1) plaintiff successfully brought a state collateral challenge to his conviction based on Brady v. Maryland 373 U.S. 83 (1963), pled guilty to the lesser charge of attempted robbery, and was released for time-served; 2) Heck v. Humphrey, 512 U.S. 477 (1994) does not apply to plaintiff because his claim pursuant to Brady v. Maryland does not necessarily imply that his guilty plea is invalid; and 3) the Court does not reach the issue of whether Heck applies to plaintiffs who have been released from prison or otherwise do not have access to habeas.

Appellate Information

• Decided 01/16/2014
• Published 01/16/2014

Judges

• WESLEY

Court

• United States Second Circuit

Counsel