SMITH v. HOLTZ

Nos. 95-7533, 95-7534.

87 F.3d 108 (1996)

Jay C. SMITH v. John J. HOLTZ, Bureau of Technical Services, Pennsylvania; Ronald F. Colyer, Bureau of Technical Services, Pennsylvania State Police; Victor Dove; John J. Purcell, Special Agent In Charge, Central Regional Office, Bureau of Criminal Investigations, Office of the Attorney General; William J. Lander, Bureau of Criminal Investigations, Office of the Attorney General; Paul Yatron, Appellants in No. 95-7533. Jay C. SMITH v. Joseph P. WAMBAUGH, Appellant in No. 95-7534.

United States Court of Appeals, Third Circuit.

Decided June 26, 1996.


Attorney(s) appearing for the Case

Gerald J. Williams (argued), Williams & Cuker, Philadelphia, PA, for Appellee in No. 95-7533.

Thomas W. Corbett, Jr., Attorney General, Gregory R. Neuhauser (argued), Senior Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Harrisburg, PA, for Appellants in No. 95-7533.

George A. Bochetto, Stephen E. Skovron (argued), Bochetto & Lentz, Philadelphia, PA, for Appellee in 95-7534.

Mark R. Hornak (argued), George H. Crompton, Buchanan Ingersoll Professional Corp., Pittsburgh, PA, for Appellant in No. 95-7534.

Before STAPLETON, COWEN and SEITZ, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

In Heck v. Humphrey, ___ U.S. ___, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the Supreme Court held that 42 U.S.C. § 1983 does not provide a cause of action to recover monetary compensation for an allegedly unconstitutional conviction or imprisonment where recovery would necessarily imply the invalidity of an outstanding criminal conviction of a state court. In these consolidated civil rights actions...

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