Whether a Section 1983 Plaintiff can proceed with an action under 42 U.S.C. § 1983 when Heck v. Humphrey requirements are met but § 2254 Federal Habeas Corpus is unavailable

QUESTIONS PRESENTED QUESTION ONE Whether a Section 1983 Plaintiff, who diligently sought favorable termination according to the requirements of Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364 (1994), but for whom § 2254 is unavailable, should be able to proceed with an action under 42 U.S.C. § 1983?) QUESTION TWO If Question One is answered in the affirmative, when does the Section 1983 limitations period begin to accrue for a former prisoner’s cause of action? | This question was raised, but left unanswered, by this Court in Muhammad v. Close, 540 US 749, 124 S Ct 1303 (2004). Since then, there has been a deep split amongst the Circuits whether a former prisoner can proceed under Section 1983. ii