Civil Rights, Constitutional Law, Criminal Law & Procedure Poventud v. City of New York, No. 12-1011<http://caselaw.findlaw.com/us-2nd-circuit/1654900.html?DCMP=NWL-pro_2nd> In an en banc opinion, summary judgment to defendants on plaintiff's 42 U.S.C. section 1983 claims alleging that he was denied access to evidence in the government's possession that had a reasonable probability of affecting the result of his trial, is vacated and remanded, where: 1) plaintiff successfully brought a state collateral challenge to his conviction based on Brady v. Maryland 373 U.S. 83 (1963), pled guilty to the lesser charge of attempted robbery, and was released for time-served; 2) Heck v. Humphrey, 512 U.S. 477 (1994) does not apply to plaintiff because his claim pursuant to Brady v. Maryland does not necessarily imply that his guilty plea is invalid; and 3) the Court does not reach the issue of whether Heck applies to plaintiffs who have been released from prison or otherwise do not have access to habeas. Read more...<http://caselaw.findlaw.com/us-2nd-circuit/1654900.html?DCMP=NWL-pro_2nd> Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Mid Year Seminar in Exciting Anchorage, Alaska, May 17-20, 2014 IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"