What is the test for damages under Section 1983 of the Criminal Code when a plaintiff alleges that they have been wrongly convicted, imprisoned or improperly imprisoned?

MultiRegion, United States of America

The following excerpt is from Cross v. Kings Cnty. Sheriff Dept, Case No. 1:14-cv-01253-JLT (PC) (E.D. Cal. 2014):

allegedly unconstitutional conviction or imprisonment, "a 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. 2254." Heck v. Humphrey, 512 U.S. 477, 487-88 (1994). "A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under 1983." Id. at 488.

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