Aprileo v. Clapprood, et al.
Brief Details
- Authors
-
Jaba Tsitsuashvili
Attorney
[email protected] -
Marie Miller
Attorney
[email protected]
- Date Filed
- 06/23/2025
- Original Court
- United States Court of Appeals for the First Circuit
- Current Court
- United States Court of Appeals for the First Circuit
In 2021, a police officer broke Guistina Aprileo's while arresting her after a domestic dispute among her adult children was de-escalated, and another officer failed to intervene. Aprileo brought an excessive force claim against the officers.
The district court ruled her lawsuit was allowed to move forward and that her claims were not barred under the Supreme Court's ruling in Heck v. Humphrey. In doing so, the court sided with several circuit courts in ruling that the so-called "Heck Bar" only blocks Section 1983 claims when the civil claim undermines a conviction or sentence.
The defendants appealed this ruling to the U.S. Court of Appeals for the First Circuit. IJ has filed an amicus brief in the case, urging the appeals court to uphold the lower court's ruling that Heck should not be extended here.