McDonough v. Smith

1 Citing brief

  1. WYATT v. DEPARTMENT OF PROBATION AND PAROLE

    MEMORANDUM. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/8/20. 5/8/20 ENTERED AND COPIES

    Filed May 8, 2020

    The Complaint avers that false allegations were filed against Wyatt and McNeil, which resulted in them being placed back into prison. Plaintiffs, however, do not allege that the Board’s decision has been favorably terminated or rendered invalid.9 See McDonough v. Smith, 139 S. Ct. 2149, 2157 (2019) (Heck applied to litigant’s claims “asserting that fabricated evidence was used to pursue a criminal judgment”); Curry v.