United States Seventh Circuit

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Parish v. Elkhart, 09-2056

In plaintiff's civil rights case against a city and several officers for serving eight years of a thirty-year prison sentence for attempted murder, of which all charges were dropped after his release, district court's dismissal of all of plaintiff's state law claims on the ground that they were barred by Indiana's statute of limitations is affirmed as to the false arrest and false imprisonment claims but reversed as to an intentional infliction of emotional distress claim as, under Indiana's adoption of Heck, plaintiff could not have brought the claims until his conviction was disposed of in a manner favorable to him, and as such, plaintiff brought his claim within two years of when the claim accrued upon his exoneration.

Appellate Information

  • Argued 04/09/2010
  • Submitted 07/30/2010
  • Decided 07/30/2010
  • Published 07/30/2010

Judges

  • <a href="http://pview.findlaw.com/view/2338571_1">FLAUM</a>

Court

  • United States Seventh Circuit

Counsel