52 Cited authorities

  1. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 29,445 times   25 Legal Analyses
    Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence
  2. Wilkinson v. Dotson

    544 U.S. 74 (2005)   Cited 6,189 times   2 Legal Analyses
    Holding claims did not lie at "the core of habeas corpus" because "claims would not inevitably lead to release"
  3. Edwards v. Balisok

    520 U.S. 641 (1997)   Cited 5,921 times   4 Legal Analyses
    Holding challenge to disciplinary conviction resulting in loss of good time credits was barred by Heck because success would imply invalidity of punishment
  4. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 19,330 times   5 Legal Analyses
    Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser
  5. Preiser v. Rodriguez

    411 U.S. 475 (1973)   Cited 18,195 times   11 Legal Analyses
    Holding that because the prisoners sought the restoration of good time credits—and consequently speedier release—their claims implicated the duration of their confinement such that their sole remedy was by writ of habeas corpus
  6. Weaver v. Graham

    450 U.S. 24 (1981)   Cited 2,518 times   4 Legal Analyses
    Holding that for a criminal law to be ex post facto, it must disadvantage the offender affected by it
  7. Garner v. Jones

    529 U.S. 244 (2000)   Cited 995 times   5 Legal Analyses
    Holding that, when retroactive change in parole law does not by its own terms show risk of prolonging inmate's incarceration, to show ex post facto violation, inmate must demonstrate new law's retroactive application will result in longer period of incarceration than under earlier rule
  8. Miller v. Florida

    482 U.S. 423 (1987)   Cited 1,082 times   4 Legal Analyses
    Holding that sentencing court should apply sentencing guidelines in existence at the time of the offense
  9. Rogers v. Tennessee

    532 U.S. 451 (2001)   Cited 655 times   6 Legal Analyses
    Holding that court's abrogation of the common law "year and a day" rule for murder was not a violation of the Ex Post Facto clause
  10. Settles v. U.S. Parole Com'n

    429 F.3d 1098 (D.C. Cir. 2005)   Cited 508 times
    Holding plaintiff had standing to challenge a Parole Commission rule preventing him from having a representative at his parole hearing despite the fact he had not obtained a representative who would have been ready and able to appear on his behalf
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,314 times   695 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,503 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,005 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  14. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,817 times   57 Legal Analyses
    Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
  15. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,533 times   186 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  16. Rule 1002 - Requirement of the Original

    Fed. R. Evid. 1002   Cited 1,101 times   8 Legal Analyses
    Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"
  17. Section 24-404 - Authorization of parole; custody; discharge

    D.C. Code § 24-404   Cited 80 times
    Stating that when a prisoner meets certain criteria, "the Board may authorize his release on parole"
  18. Section 2.80 - Guidelines for D.C. Code offenders

    28 C.F.R. § 2.80   Cited 150 times
    Providing for an addition of two points to a base score in the case of a "[c]urrent offense involved attempted murder . . . or any willful violence in which the victim survived despite death having been the most probable result at the time the offense was committed."
  19. Section 2.18 - Granting of parole

    28 C.F.R. § 2.18   Cited 47 times
    Stating that the granting of parole to an eligible prisoner rests in the discretion of the Commission
  20. Section 2.73 - Parole suitability criteria

    28 C.F.R. § 2.73   Cited 18 times

    (a) In accordance with D.C. Code 24-404(a), the Commission shall be authorized to release a prisoner on parole in its discretion after the prisoner has served the minimum term of the sentence imposed, if the following criteria are met: (1) The prisoner has substantially observed the rules of the institution; (2) There is a reasonable probability that the prisoner will live and remain at liberty without violating the law; and (3) In the opinion of the Commission, the prisoner's release is not incompatible