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Poventud Opinions

Poventud Opinions

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Published by joepatrice
The opinions of the en banc panel of the Second Circuit in Poventud v. City of New York. The Court ruled that a man could pursue a suit against authorities for violating his civil rights for withholding key evidence during his criminal trial even though he had accepted a plea deal in order to shorten his sentence.
The opinions of the en banc panel of the Second Circuit in Poventud v. City of New York. The Court ruled that a man could pursue a suit against authorities for violating his civil rights for withholding key evidence during his criminal trial even though he had accepted a plea deal in order to shorten his sentence.

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Published by: joepatrice on Jan 17, 2014
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01/20/2014

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12-1011-cv
 Marcos Poventud v. City of New York, et al.
UNITED STATES COURT OF APPEALSFOR THE SECOND CIRCUIT August Term, 2013(Argued: September 25, 2013 Decided: January 14, 2014)Docket No. 12-1011-cv MARCOS
 
POVENTUD,
Plaintiff-Appellant
 , -v.- CITY OF NEW YORK; Robert T. JOHNSON, in his official capacity as DistrictAttorney for Bronx County; Frankie ROSADO, Kenneth UMLAUFT, ChristopherDOLAN, and Daniel TOOHEY, individually and as members of the New YorkCity Police Department,
Defendants-Appellees.
 
Before:K
ATZMANN
 ,
 
Chief Circuit Judge
 ,
 
 J
ACOBS
 ,
 
C
ALABRESI
 ,
 
C
ABRANES
 ,
 
P
OOLER
 ,
 
S
ACK
 ,
 
R
AGGI
 ,W
ESLEY
 ,
 
H
ALL
 ,
 
L
IVINGSTON
 ,
 
L
YNCH
 ,
 
C
HIN
 ,
 
L
OHIER
 ,
 
C
ARNEY
 ,
 
and
 
D
RONEY
 ,
 
Circuit Judges.
 
**
 The Clerk of the Court is directed to amend the caption as listed above.
*
 Senior Circuit Judges Calabresi and Sack were members of the initial three-
**
 judge panel that heard this appeal and are therefore eligible to participate in
en banc
rehearing. 28 U.S.C. § 46(c)(1).1
 
W
ESLEY
 ,
 J.
filed the majority opinion in which K
ATZMANN
 ,
 
C.J.
 ,
 
C
ALABRESI
 ,P
OOLER
 ,
 
S
ACK
 ,
 
H
ALL
 ,
 
L
YNCH
 ,
 
L
OHIER
 ,
 
and C
ARNEY
 ,
 
 JJ.
 , joined.L
YNCH
 ,
 J.
 filed a concurring opinion.L
OHIER
 ,
 J.
 filed a concurring opinion in which C
ALABRESI
 ,
 
P
OOLER
 , W
ESLEY
 , H
ALL
 ,and
 
L
YNCH
 ,
 
 JJ.,
 joined.C
HIN
 ,
 J.
 filed an opinion dissenting in part and concurring in part. J
ACOBS
 ,
 J.
 filed a dissenting opinion in which C
ABRANES
 ,
 
R
AGGI
 ,
 
L
IVINGSTON
 ,
 
andD
RONEY
 ,
 
 JJ.
 , joined.L
IVINGSTON
 ,
 J.
 filed a dissenting opinion in which J
ACOBS
 ,
 
C
ABRANES
 ,
 
R
AGGI
 ,
 
andD
RONEY
 ,
 JJ.
 , joined.
 Appeal from a decision of the United States District Court for the SouthernDistrict of New York (Deborah A. Batts,
 Judge
) granting summary judgment todefendants and dismissing plaintiff’s 42 U.S.C. § 1983 claims as barred by
Heck v.Humphrey
 , 512 U.S. 477 (1994). A previously constituted panel of this Court heldthat the plaintiff could sue under § 1983 because he was no longer in custody andhad no access to federal
habeas
 relief.
Poventud v. City of New York
 , 715 F.3d 57, 62(2d Cir. 2013). Pursuant to a vote of the active judges of this Court, that opinionis vacated. Following this rehearing
en banc
 , and for the reasons discussedherein, the Court holds that
Heck
 does not apply to the plaintiff because his claimpursuant to
Brady v. Maryland
 , 373 U.S. 83 (1963), does not necessarily imply thathis guilty plea is invalid. We need not reach the issue of whether
Heck
 applies toplaintiffs who have been released from prison or otherwise do not have access to
habeas
. VACATED and REMANDED. 2
 
 J
OEL
B.
 
R
UDIN
 , Law Offices of Joel B. Rudin, New York, NY (Julia P.Kuan, Romano & Kuan, New York, NY,
on the brief 
),
 forPlaintiff-Appellant Marcos Poventud
.M
ICHAEL
B.
 
K
IMBERLY
 ,
 
Mayer Brown LLP, Washington, D.C.(Richard D. Willstatter, National Association of CriminalDefense Lawyers, White Plains, NY; Marc Fernich, New YorkState Association of Criminal Defense Lawyers, New York,NY; Charles A. Rothfeld, Paul W. Hughes, Mayer Brown LLP,Washington, D.C.;
on the brief 
),
 for
Amicus Curiae
National andNew York State Associations of Criminal Defense Lawyers.
M
ORDECAI
N
EWMAN
(Leonard Koerner; Larry A. Sonnenshein; LindaDonahue; Rachel Seligman Weiss;
on the brief 
), for Zachary W.Carter, Corporation Counsel of the City of New York, NewYork, NY,
 for Defendants-Appellees City of New York, et al.
C
AITLIN
H
ALLIGAN
(Hilary Hassler, Assistant District Attorney, NewYork County; Steven A. Bender, Assistant District Attorney,Westchester County; Morrie I. Kleinbart, Assistant DistrictAttorney, Richmond County; Itamar J. Yeger, AssistantDistrict Attorney, Rockland County;
on the brief 
), for KathleenM. Rice, President, District Attorneys Association of the Stateof New York, New York, NY,
 for
Amicus Curiae
District Attorneys Association of the State of New York.
B
ARBARA
U
NDERWOOD
 , Solicitor General (Richard Dearing, DeputySolicitor General; Won S. Shin, Assistant Solicitor General;
onthe brief 
), for Eric T. Schneiderman, Attorney General of theState of New York, New York, NY,
 for
Amici Curiae
States of New York, Connecticut, and Vermont
. 3

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