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HARDEN v. PATAKI

No. 01-15186.

320 F.3d 1289 (2003)

Major HARDEN, Plaintiff-Appellant, v. George E. PATAKI, Governor, State of New York, Jackie Barrett, Sheriff, Fulton County, Atlanta, Georgia, Jane Doe, Employee, Fulton County Jail, Atlanta, Georgia, John # 1 Doe, Agent, Private Extradition Agency, New York City, John # 2 Doe, Agent, Private Extradition Agency, New York City, John Doe Agency, Private Extradition Agency, New York City, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 10, 2003.

Attorney(s) appearing for the Case

Robert C. Port (Appointed by Appeals Court), Hassett, Cohen, Goldstein & Port, LP, Atlanta, GA, for Plaintiff-Appellant.

Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.

BIRCH, Circuit Judge:

In Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 2372-73, 129 L.Ed.2d 383 (1994), the Supreme Court "held that a state prisoner's claim for damages is not cognizable under 42 U.S.C. § 1983 if `a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence,' unless the prisoner can demonstrate that the conviction or sentence has previously been invalidated...

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