If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge?
MultiRegion, United States of America
The following excerpt is from Poventud v. City of N.Y., Docket No. 12-1011-cv (2nd Cir. 2013):
The majority opinion likewise disadvantages the class of persons who achieve vacatur of their convictions. Allowing defendants to seek damages under 1983 after pleading guilty would create an incentive for prosecutors to retry the case rather than offer a plea based on time served. Cf. Olsen v. Correiro, 189 F.3d 52, 69 (1st Cir.
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