The petition of the day is:

14-887

Issue(s): (1) Whether, in a 42 U.S.C. § 1983 action brought by an individual alleging that a prior criminal conviction was obtained in violation of this Court's decision in Brady v. Maryland – requiring the prosecution to turn over potentially exculpatory evidence – the statute of limitations runs from the time the case is resolved via nolle prosequi or otherwise “in such manner that [proceedings] cannot be revived” – as the Fourth Circuit below concluded – or runs from the moment the plaintiff may bring the action under this Court’s decision in Heck v. Humphrey – as the Tenth Circuit has concluded and as the Sixth, Ninth, and Eleventh Circuits have suggested; and (2) whether the Fourth Circuit erred when it concluded, inconsistent with its own decisions and those of this Court, that individual police officers had an independent Brady duty to bring forward exculpatory evidence in 1988 and that this was clearly established so as to support a cause of action against the individual officers under 42 U.S.C. § 1983 and negate a defense of qualified immunity.

 

Posted in Baltimore City Police Department v. Owens, Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Apr. 24, 2015, 10:40 PM), https://www.scotusblog.com/2015/04/petition-of-the-day-830/