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- ilnd;;1:12-cv-08908_de44 RegisterActionDate "2013-12-19" @default.
- ilnd;;1:12-cv-08908_de44 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearings held. On Defendant's motion to dismiss 37 the complaint as barred by Heck v. Humphrey, the parties' counsel and the Court discussed the motion during the hearing. Plaintiff's counsel appropriately conceded that success on the federal false-arrest claim would imply the invalidity of the state criminal conviction, which is now on appeal in the Illinois Appellate Court, and thus Heck does bar the claim at this time. Defendant's counsel appropriately agreed that dismissal at this time is not a "strike" under the Prisoner Litigation Reform Act because the claim is premature and this is not a merits determination. Meija v. Harrington, USCA No. 13-1064, slip op. at 3, (7th Cir. Nov. 12, 2013) (non-precendential disposition). (It is possible that a frivolous argument that there is no Heck problem could be a strike, id., but that of course does not apply here given Plaintiff's concession.) And defense counsel agreed that if Plaintiff were to reverse or otherwise vacate the conviction (and thus the Heck bar is removed), then Plaintiff may bring a future suit and it would be timely, so long as it was filed within the limitations period after the conviction's reversal or vacatur. Accordingly, this case is dismissed without prejudice, each side to bear its own costs. The Court thanks recruited pro bono counsel for representing Plaintiff and carrying out the legal profession's finest tradition of service to the indigent. Civil Case terminated. (lcw, ) (Entered: 12/19/2013)" @default.
- ilnd;;1:12-cv-08908_de44 AdministrativeID "40" @default.
- ilnd;;1:12-cv-08908_de44 OntologyLabel minute_entry @default.
- ilnd;;1:12-cv-08908_de44 hasReferenceToOtherEntry ilnd;;1:12-cv-08908_de41 @default.