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Wallace Vs. Kato

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  • US Supreme Court
  • Feb 21, 2007

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67 entries 11 linked 56 unlinked
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  1. Heck Vs. Humphrey US Supreme Court · Apr 18, 1994
  2. Wilson Vs. Garcia US Supreme Court · Apr 17, 1985
  3. Carey Vs. Piphus US Supreme Court · Mar 21, 1978
  4. Wyatt Vs. Cole US Supreme Court · May 18, 1992
  5. Owens Vs. Okure US Supreme Court · Jan 10, 1989
  6. HardIn Vs. Straub US Supreme Court · May 22, 1989
  7. Rawlings Vs. Ray US Supreme Court · Feb 03, 1941
  8. Preiser Vs. Rodriguez US Supreme Court · May 07, 1973
  9. Edwards Vs. Balisok US Supreme Court · May 19, 1997
  10. Albright Vs. Oliver US Supreme Court · Oct 12, 1993
  11. Stone Vs. Powell US Supreme Court · Jul 06, 1976
  12. Syllabus October Term, 2006 Wallace V. Kato
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  13. suit is that provided by the State for personal-injury torts, e.g., Owens v. Okure
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  14. long as the Heck bar subsists. However, this Court generally refers to state-law tolling rules, e.g., Hardin v. Straub
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  15. in which Souter, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined. Wallace v. Kato
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  16. Opinion of the Court Wallace V. Kato
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  17. Supreme Court of the United States No. 05-1240 Andre Wallace, Petitioner V. Kristen
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  18. held that officers had arrested petitioner without probable cause, in violation of the Fourth Amendment. People v. Wallace
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  19. s illegal arrest had not been sufficiently attenuated to render his statements admissible, see Brown v. Illinois
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  20. U. S. 590 (1975), and remanded for a new trial. Judgt. order reported sub nom. People v. Wallace
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  21. his cause of action accrued at the time of his arrest, and not when his conviction was later set aside. Wallace v. Chicago
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  22. It is that which the State provides for personal-injury torts. Owens v. Okure
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  23. s decision in Heck v. Humphrey
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  24. Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar
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  25. Corp. of Cal. , 522 U. S. 192 , 201 (1997) (quoting Rawlings v. Ray
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  26. s contention that Heck v. Humphrey
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  27. Id. , at 482 (quoting Preiser v. Rodriguez
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  28. Quackenbush v. Allstate
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  29. otherwise, the civil action will proceed, absent some other bar to suit. Edwards v. Balisok
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  30. generally referred to state law for tolling rules, just as we have for the length of statutes of limitation. Hardin v. Straub
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  31. Board of Regents of Univ. of State of N. Y. v. Tomanio
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  32. see Albright v. Oliver
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  33. was injured and suffered damages at the moment of his arrest, and was entitled to bring suit at that time. See Adler v. Beverly
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  34. Heck bar was removed. Footnote 5 Justice Stevens reaches the same result by arguing that, under Stone v. Powell
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  35. s general prohibition does not apply. See, e.g. , Herrera v. LeMaster
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  36. Bostick v. Peters
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  37. Agee v. White
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  38. Doescher v. Estelle
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  39. Boyd v. Mintz
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  40. n. 37 (emphasis added). Wallace v. Kato
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  41. Andre Wallace, Petitioner V. Kristen
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  42. s argument before this Court is that Heck v. Humphrey
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  43. U. S. 475 , 490 (1973)). Given our holding in Stone v. Powell
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  44. stay the trial of claims of this kind until after the completion of state proceedings, see, e.g. , Quackenbush v. Allstate
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  45. cf. Younger v. Harris
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  46. Footnote 3 See Spencer v. Kemna
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  47. Breyer, J., Dissenting Wallace V. Kato
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  48. claim is not postponed by the presence of a possible bar to suit under Heck v. Humphrey
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  49. have found it appropriate to stay the trial of his claims until the completion of state proceedings. E.g., Quackenbush v. Allstate
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  50. Miller v. Runyon
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