No. 23-429

Brett C. Kimberlin v. Department of Justice, et al.

Lower Court: Seventh Circuit
Docketed: 2023-10-25
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights dna-evidence fraud-based-discovery heck-doctrine heck-v-humphrey official-corruption section-1983 statute-of-limitations
Key Terms:
SocialSecurity DueProcess HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (from Petition)

I. Whether this case should be remanded for consideration in light of Reed v. Goertz, _ _U.S._ _ (April 19, 2023) to consider l) Petitioner 's 1983 action challenging the Government 's misapplication of DNA statutes and microscopic hair policies, and 2) the lower court 's dismissal of Petitioner 's Fourth Amendment and Section 1985(2)/1986 claims on statute of limitations grounds.

Whether Heck v. Humphrey, 512 U.S. 477 (1994) can bar Petitioner 's civil suit (l) against actors who corruptly and intentionally concealed evidence that undermined the validity of Petitioner 's conviction until the time had passed for appellate and post-conviction relief, and (2) where Petitioner 's claims did not implicate the invalidity of his conviction and occurred before and after his trial.

Question Presented (AI Summary)

Whether Heck v. Humphrey bars a civil rights suit against officials who corruptly concealed evidence until time for appeal expired

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-11-22
Waiver of right of respondent Department of Justice, et al. to respond filed.
2023-11-22
Waiver of right of respondents Shirley Henderson and Donald Henderson to respond filed.
2023-11-21
Waiver of right of respondents Indiana State Police Department, Brooke Appleby, and Michael Oliver to respond filed.
2023-10-23
Petition for a writ of certiorari filed. (Response due November 24, 2023)
2023-09-06
Application (23A216) granted by Justice Barrett extending the time to file until November 1, 2023.
2023-08-29
Application (23A216) to extend the time to file a petition for a writ of certiorari from September 21, 2023 to November 1, 2023, submitted to Justice Barrett.

Attorneys

Brett Kimberlin
Brett Kimberlin — Petitioner
Department of Justice, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Indiana State Police Department, Brooke Appleby, and Michael Oliver
James Allen BartaOffice of the Indiana Attorney General, Respondent
Shirley Henderson and Donald Henderson
Edward Timothy DeLaneyBose McKinney & Evans LLP, Respondent