Cowan v. Warden

Issue: (1) Whether a claim is cognizable under Heck v. Humphrey when a plaintiff would be required to disprove any part of the unqualified factual basis for his conviction in order to succeed in the tort action; (2) whether, under Heck, a 42 U.S.C. § 1983 action for excessive force can be barred against officers who were not named in the criminal charge upon which the plaintiff was convicted; (3) whether, under the doctrine of judicial estoppel, a criminal defendant who receives the benefit of a plea agreement can assert facts which are in direct conflict with the stipulated factual basis that supports his underlying conviction, without offering any explanation for the inconsistent positions; and (4) whether the U.S. Court of Appeals for the 9th Circuit erred in denying qualified immunity to the officers when the only material fact disputed by the plaintiff was directly in conflict with the unqualified stipulated factual basis for his underlying criminal plea.