Case Citator › Johnnie Savory v. William Cannon, Sr.

Johnnie Savory v. William Cannon, Sr.

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Seventh Circuit
Citation
947 F.3d 409
Decided
Confirmed treatments
1
Flagged citations read
184 of 184
Citing cases (total)
405
Treatment dates
2025
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. Johnnie Savory v. William Cannon, Sr. has one confirmed declined-to-follow treatment, listed below. All 184 flagged citations have been read.
More on how this was screened

Williams v. City of New York rejected Savory's interpretation of McDonough v. Smith because it conflicted with binding Second Circuit precedent, while the other opinions either applied Savory or reported Savory's abrogation or overruling of older Seventh Circuit cases, especially DeWalt v. Carter and Whitfield v. Howard.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

405 later cases cite Johnnie Savory v. William Cannon, Sr.; 184 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Declined to Follow

  • The court declined to follow Savory's rule that favorable termination is always a prerequisite to accrual for Section 1983 claims analogous to malicious prosecution, instead applying Second Circuit precedent preserving an exception when habeas relief is unavailable.

    Williams v. City of New York · E.D.N.Y. · filed

    The Seventh Circuit, for instance, has relied on McDonough to overrule its decisions recognizing an exception to Heck when habeas relief is unavailable. See Savory v. Cannon, 947 F.3d 409, 422– 27 (7th Cir. 2020) (en banc). The Seventh Circuit reasoned that because the McDonough plaintiff was not in custody while being prosecuted, the favorable termination rule applies even in cases that do “not implicate concerns about habeas corpus.” Id. at 420–22, 425–28. Instead, the Seventh Circuit concluded that favorable termination is an element of § 1983 claims that are analogous to malicious prosecution, and thus, favorable termination is a prerequisite to accrual. Id. at 427. However, this reading of McDonough is at odds with Second Circuit precedent in two distinct ways.
    Read the full opinion on CourtListener →

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