REPUBLICAN CAUCUS OF PENNSYLVANIA HOUSE OF REPRESENTATIVES

v.

VIETH ET AL.

Citator

Cited By

• Dyer v. LEE, 488 F.3d 876 (11th Cir. 2007)
  …ng of excessive force by the jury in this civil case does not necessarily call into question the validity of section 1983 Plaintiffs criminal conviction [for attempted murder and battery of an officer].”), cert. granted and vacated on other grounds, 537 U.S. 801, 123 S.Ct. 68, 154 L.Ed.2d 2 (2002). These cases do not address the specific argument put forward here, that a successful § 1983 suit should be barred because it would establish that the plaintiff would have had an affirmative defense to the under…
• Dixon v. Captain James Hodges, 887 F.3d 1235 (11th Cir. 2018)
  …the law, that "[i]t is possible for an excessive-force action and a battery conviction to coexist without running afoul of Heck ." Appellee Br. at 5; see also Willingham v. Loughnan , 261 F. 3d 1178, 1183 (11th Cir. 2001), rev'd on other grounds , 537 U.S. 801, 123 S.Ct. 68, 154 L.Ed.2d 2 (2002). A prisoner may be punished for battery on a prison guard, and that prison guard may be held liable for using excessive force on the prisoner in subduing him; both may be true. At first glance, then, it appears H…