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GARZA v. BURNETT

No. 10-4121.

672 F.3d 1217 (2012)

Gerardo Thomas GARZA, Plaintiff-Appellant, v. Troy BURNETT, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 8, 2012.

Attorney(s) appearing for the Case

Amber M. Mettler , Snell & Wilmer, ( Michael D. Zimmerman , Zimmerman Jones Booher , with her on the briefs), Salt Lake City, UT, for the Plaintiff-Appellant.

Heather S. White , ( R. Scott Young , with her on the briefs), Snow, Christensen & Martineau, Salt Lake City, UT, for the Defendant-Appellee.

Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.

CERTIFICATION OF QUESTION OF STATE LAW

LUCERO, Circuit Judge.

Under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), a plaintiff may not sue under 42 U.S.C. § 1983 if success in the action would undermine a criminal conviction. Because of that bar, a cause of action subject to Heck "does not accrue until the conviction or sentence has been invalidated." Id. at 490, 114 S.Ct...

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