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Cowan v. Warden

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-183 9th Cir. TBD TBD TBD TBD TBD

Issues: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 25 2022Petition for a writ of certiorari filed. (Response due September 28, 2022)
Sep 21 2022Waiver of right of respondent Masa Nathaniel Warden to respond filed.