Taylor Carlisle, Individually and as Representative Member of a Class, et al. v. Joseph P. Lopinto, III, Sheriff, et al.
SocialSecurity DueProcess HabeasCorpus Securities JusticiabilityDoctri ClassAction
1. In the absence of judicial proceedings conducted on the record with due process, are the minute entries "orders" and are the sanctions within the class of "convictions or sentences" considered in Heck v. Humphrey and Preiser v. Rodriguez?
2. Are the 42 U.S.C. § 1983 over-detention claims for damages/injunctive relief barred by Heck, Preiser, or permitted under Spencer v Kemna? Is the court's narrow construction of the credits claim a restriction on current Fed. R. Civ. P. 8 and 15 liberal construction?
3. Are "due process waivers" executed at plea, applicable to drug court "contempt" sanctions; do they provide qualified immunity to licensed private healthcare providers contracted to provide clinical supervision to the drug courts?
Whether minute entries documenting incarceration without judicial proceedings are 'orders' and 'convictions or sentences' under Heck and Preiser