Van Poyck v. McCollum, No. 09-15718 (11th Cir. 2011)Annotate this Case
Plaintiff was convicted of murder for his role in a shooting of a correctional officer during an escape attempt. Plaintiff sought access to evidence to conduct DNA testing for the purpose of seeking executive clemency. The court held, as a preliminary matter, that plaintiff's claim was not time-barred. The court held, however, that plaintiff had not shown that defendants, state officers, have violated a federally protected right on the facts of the case. Accordingly, the court affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 action.