Monday audio. Entity Liability papers due at the beginning of class.
We will finish the Heck Puzzles and the rest of Chapter 7. We start with Dominguez--§ 2254 is off the table because Dominguez no longer is in custody pursuant to a state-court judgment, although he has not been released. What vehicles does he have to challenge his continued detention in federal court? What are the two broad issues for the plaintiff to raise in Poventud?
Also, please note a couple of things: Habeas is incredibly detailed and complicated; we barely scratched the surface, other than to know the basics so you can distinguish it from § 1983. Entire books and classes can be taught on it. One way of thinking about what is and is not Heck-barred is to think about retroactive v. prospective remedies; we see this in Edwards v. Balisok--Heck barred the claim for damages for past withdrawal of good-time credits without due process, but not the claim for an injunction requiring future proceedings considering good-time credits to comport with due process.
We then move to Abstention, so that panel should be ready to go. For tomorrow, prep § 8.01 and Part B; we will go in a slightly different order from the book. What does the Anti-Injunction Act do and why does § 1983 qualify for the "expressly authorized" exception?
