Havens v. Johnson, No. 14-1118 (10th Cir. 2015)
Annotate this CasePlaintiff Darrell Havens pled guilty in Colorado state court to attempted assault of a police detective. He then brought suit in federal district court under 42 U.S.C. 1983, alleging that the detective used excessive force in violation of the Fourth Amendment. The district court granted the detective's motion for summary judgment, ruling that Havens failed to establish a prima facie case of excessive force and that the detective was entitled to qualified immunity. Upon review, the Tenth Circuit affirmed on the alternative ground that Havens’ claim was barred under the Supreme Court decision "Heck v. Humphrey," (512 U.S. 477 (1994)), because he did not explain how the officer used excessive force in a way that would still be consistent with the basis of his attempted-assault conviction.
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