A man who had his attempted murder conviction vacated but then pleaded guilty to a lesser offense just to get out of prison can sue the state for civil rights violations without running afoul of U.S. Supreme Court case law, the full U.S. Court of Appeals for the Second Circuit ruled Thursday.
Sitting en banc, nine Second Circuit judges held in Poventud v. City of New York, 12-1011-cv, that Marcos Poventud’s lawsuit alleging that police withheld exculpatory evidence critical to his defense for the 1987 murder of a livery cab driver could proceed without violating the holding of Heck v. Humphrey, 512 U.S. 477 (1994).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
