Note on Bias Induced by Requiring Impairment of Conviction Prior to Civil Rights Suit
5 Pages Posted: 3 Jan 2011 Last revised: 18 Jan 2011
Date Written: January 16, 2011
Abstract
Heck v. Humphrey allows prosecutors and collateral government officials even more impetus to abrogate due process and protect contrived convictions by requiring impairment of the conviction a priori to filing civil rights suits. Defendant(s) rights diminish even more, especially as to expediting the freeing of the innocent convicted, with 28 U.S.C. § 2254 exhaustion of state remedies requirement. Such acts and rulings allow unscrupulous state judicial systems to hold potential plaintiffs at bay, trivializing the time value of restricted liberty. Using conditional expectations on generated sigma algebras, the inherent potential for government officials to gut color of law statues is formally defined.
Keywords: Civil Rights, Color of Law, Impairment
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