United States Seventh Circuit

Grant of defendant's motion for judgment on the pleadings in a suit against a deputy for use of excessive force is reversed and remanded where the district court erred in applying the Heck rule prohibiting an 18 U.S.C. section 1983 claim where it implies the invalidity of a criminal conviction since the plaintiff's complaint could reasonably be read in a manner that does not implicate Heck.

Appellate Information

• Argued 02/06/2006
• Decided 10/26/2006
• Published 10/26/2006

Judges

• SYKES, Circuit Judge., Before FLAUM, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Timothy J. Touhy (argued), Touhy & Touhy, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Elizabeth A. Ekl (argued), Sotos & Associates, Itasca, IL, for Defendant-Appellee.