Civil Procedure & Civil Rights – Long v. Atlantic City Police Department

On a prisoner’s pro se appeal of a denial of his untimely motion for reconsideration of a prior order dismissing his 42 USC section 1983 complaint, the judgment of the district court is affirmed, where: 1) the district court committed no legal error in denying the prisoner’s motion for reconsideration, and so did not abuse its discretion in declining to change its order dismissing the complaint on the basis of Heck v. Humphrey, 512 U.S. 477 (1994); and 2) there was no need to remand for fact-finding as to whether the delay in filing the motion for reconsideration was caused by the prison, because the same result would obtain were the Third Circuit to ultimately determine that it had jurisdiction to review the dismissal order.

Continue reading at Long v. Atlantic City Police Dep’t, No. 06-4732

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