Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Vasquez v. Starks, No. 08-3121

By FindLaw Staff on December 16, 2009 2:21 PM

In a 42 U.S.C. section 1983 action alleging that, in two separate incidents, Kansas state authorities falsely arrested plaintiff and filed falsified pre-trial diversion agreements containing his forged signatures, dismissal of the action is reversed where: 1) there was no related underlying conviction that could be invalidated by plaintiff's section 1983 actions and thus the action was not barred by Heck v. Humphrey, 512 U.S. 477 (1994), and 2) a district court may not sua sponte dismiss a prisoner's section 1983 action on the basis of the statute of limitations unless it is clear from the face of the complaint that there are no meritorious tolling issues, or the court has provided the plaintiff notice and an opportunity to be heard on the issue.

Read Vasquez v. Starks, No. 08-3121

Appellate Information

Filed December 16, 2009

Judges

Opinion by Judge Seymour

Counsel

For Appellant:

Jason M. Lynch, Reilly Pozner LLP, Denver, CO

For Appellees:

Mark Frame, Edwards County Attorney, Kinsley, KS

Copied to clipboard

Find a Lawyer

More Options