Judge Don Willett, of the U.S. Circuit Court for the Fifth Circuit. Photo: Diego M. Radzinschi/ALM Judge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule
The rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
September 13, 2024 at 05:14 PM
5 minute read
Civil Rights
A dissenting U.S. Court of Appeals for the Fifth Circuit judge on Friday raised alarms over a "deep and enduring" circuit split related to the U.S. Supreme Court's "favorable termination" rule regarding the prerequisite for bringing a civil rights lawsuit challenging the constitutionality of a conviction.
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