No. 20-906

Thomas Charles Horne, et al. v. Sheila Sullivan Polk

Lower Court: Ninth Circuit
Docketed: 2021-01-05
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-rights due-process heck-rule property-rights section-1983 statute-of-limitations
Key Terms:
AdministrativeLaw DueProcess FourthAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

whether-the-heck-rule-should-apply-to-administrative-cases

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented concerns the Heck rule of this Court (Heck v. Humphrey, 512 U.S. 477 (1964). In that case, this Court held, in the criminal context, that the statute of limitations for a section 1983 action runs from the reversal of the judgment which is the subject of the 1983 action, not from when plaintiff should have known of the violation of his rights. The rule has been applied in civil administrative cases involving prisoner discipline. The question is whether it should be applied as well in other administrative cases, such as this one, where the policy basis for the rule, articulated in Heck, would also apply here, and where defendants were denied property without due process of law.

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-06
Waiver of right of respondent Sheila Polk to respond filed.
2020-10-14
Petition for a writ of certiorari filed. (Response due February 4, 2021)

Attorneys

Sheila Polk
Daniel Patrick SchaackArizona Attorney General, Respondent
Thomas Horne
John Douglas WilenchikWilenchik & Bartness, P.C., Petitioner