No. 18-73

Scott Carpenter v. Douglas Jordan

Lower Court: Sixth Circuit
Docketed: 2018-07-16
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 42-usc-1983 brady-violation brady-vs-maryland civil-rights due-process exculpatory-evidence favorable-termination heck-doctrine heck-vs-humphrey invalidation section-1983 statute-of-limitations wrongful-conviction
Key Terms:
SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri Jurisdiction
Latest Conference: 2018-11-09 (distributed 2 times)
Question Presented (from Petition)

Does a 42 U.S.C. § 1983 wrongful conviction claim for unconstitutionally withholding exculpatory evidence "accrue" and thus the statute of limitations commence to run when (1) a conviction is "invalidated" by the post-conviction procedures set out in Heck or when (2) a conviction is "invalidated" and the plaintiff is no longer subject to criminal prosecution due to a "favorable termination?"

Question Presented (AI Summary)

Does a 42 U.S.C. § 1983 wrongful conviction claim for unconstitutionally withholding exculpatory evidence accrue when a conviction is invalidated or when a conviction is invalidated and the plaintiff is no longer subject to criminal prosecution due to a favorable termination?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-23
Reply of petitioner Scott Carpenter filed.
2018-10-09
Brief of respondent Douglas Jordan in opposition filed.
2018-09-07
Response Requested. (Due October 9, 2018)
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent Douglas Jordan to respond filed.
2018-07-11
Petition for a writ of certiorari filed. (Response due August 15, 2018)

Attorneys

Douglas Jordan
Mary Eugenia LewisBanks and Jones, Respondent
Scott Carpenter
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
Gary Michael PrinceO'Neil Parker & Williamson, Petitioner