ALLEN AND CHOI SUCCESSFULLY OBTAIN ORDER STRIKING ALL CLAIMS FOR COMPENSATORY DAMAGES IN A WRONGFUL CONVICTION CASE

On May 1, 2018, Mike Allen and Jin Choi successfully obtained an order in a wrongful conviction case striking all of Plaintiff’s claims for compensatory damages, which significantly limited any potential recovery. After spending approximately 13 years in prison, Plaintiff obtained a reversal of his criminal conviction on a habeas petition after the court found various violations of law, including purported failures by the prosecution to disclose exculpatory evidence. Following the reversal of the conviction, the prosecution provided Plaintiff with the purported non-disclosed information and re-prosecuted Plaintiff resulting in a plea on lesser charges. Following the plea, Mr. Allen and Mr. Choi filed a motion in the civil lawsuit asking the Court to strike all claims for compensatory damages arguing that, based on the plea, any award of compensatory damages would run afoul of the United States Supreme Court decision in Heck v. Humphrey to the extent that any award of compensatory damages would “necessarily imply the invalidity” of the sentence. The Court agreed and struck all of Plaintiff’s claims for compensatory damages against the County.

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