Brief of Amicus Curiae the National Association of Criminal Defense Lawyers in Support of Petitioner (on petition for a writ of certiorari).
Argument: There is a circuit split over whether an inmate may proceed under § 1983 where he expressly waives any challenge to the loss of good-time credits in order solely to advance claims arising from the other sanctions. The Court should resolve the split and decide the issue in a manner contrary to the Seventh Circuit’s substantive holding because (i) the current circuit split has significant, intolerable practical ramifications for prisoners and the lower courts and (ii) the Seventh Circuit’s decision conflicts with this Court’s Heck jurisprudence and with the Court’s precedents obligating respect for statutory text.
Brief of National Association of Criminal Defense Lawyers, The Innocence Project, California Attorneys for Criminal Justice, The National Police Accountability Project, Center of the Administration of Criminal Law and NYU School of Law, Human Rights Defense Center, and New Mexico Criminal Defense Lawyers Association as Amici Curiae in Support of Plaintiff-Appellee
Argument: Rehearing is warranted to preclude governments from immunizing themselves from liability by conditioning release from wrongful incarceration on a no-contest plea. The inherently coercive no-contest plea required as a condition of release from wrongful imprisonment should not be allowed to confer immunity. Heck does not apply to lawsuits by former prisoners who have completed their sentences and cannot seek a writ of habeas corpus. The panel’s majority causation holding should be reheard to prevent significant and deleterious practical effects. Restricting Heck to its proper scope will not unduly burden government, but would serve the interests of justice.