In a prisoner-plaintiff's 42 U.S.C. section 1983 claim against a county district attorney and a superintendent alleging that he was denied procedural due process rights by being refused access to rape kits for DNA testing, grant of defendants' motion to dismiss and denial of plaintiff's request for summary judgment is vacated and remanded as, in the narrow circumstances where a prisoner files a section 1983 claim to request access to evidence for DNA testing, that claim is not barred by the principles outlined in Heck.
On Appeal from the United States District Court for the Western District of Pennsylvania
Opinion Filed January 12, 2010
Opinion by Circuit Judge Van Antwerpen
For Appellee: Matthew J. McLaughlin, Assistant Solicitor for Erie County