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GRIER v. KLEM

No. 06-3551.

591 F.3d 672 (2010)

Emmitt GRIER, Jr., Appellant v. Superintendent Edward J. KLEM; Erie County District Attorney; Commonwealth of Pennsylvania; Office of the Prothonotary.

United States Court of Appeals, Third Circuit.

Filed January 12, 2010.

Attorney(s) appearing for the Case

Anderson T. Bailey, Esq., Jones Day, Pittsburgh, PA, for Appellant.

John D. Goetz, Esq., Jones Day, Pittsburgh, PA, for Appellant.

Charles T. Kotuby Jr., Esq. (Argued), Jones Day, Washington, D.C., for Appellant.

Matthew J. McLaughlin, Esq. (Argued), Assistant Solicitor for Erie County, Erie, PA, for Erie District Attorney Appellee.

Before: FISHER, HARDIMAN, and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant-Plaintiff Emmitt Grier, Jr. ("Grier") appeals from the District Court's decision granting Appellee-Defendants Erie County District Attorney's ("District Attorney") and Superintendent Edward Klem's motion to dismiss his § 1983 claim, determining it is barred by the Heck rule.1 For the following reasons, this Court will vacate the District Court's order and...

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