Case Citator › Anthony Dewalt v. Lamark Carter, Correctional Officer Young, Carol Biester

Anthony Dewalt v. Lamark Carter, Correctional Officer Young, Carol Biester

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

Abrogated
Court
Seventh Circuit
Citation
224 F.3d 607
Decided
Confirmed treatments
1
Flagged citations read
208 of 208
Citing cases (total)
1,001
Treatment dates
2020
Abrogated
A reviewed court treats this case as abrogated by later authority. Anthony Dewalt v. Lamark Carter, Correctional Officer Young, Carol Biester has one confirmed abrogation, listed below. All 208 flagged citations have been read.
More on how this was screened

The en banc Seventh Circuit preserved DeWalt's conditions-of-confinement holding but disavowed its broader reasoning that Section 1983 relief must be available whenever habeas relief is unavailable. The other opinions applied DeWalt, described that same abrogation in history parentheticals, reported DeWalt's own treatment of older precedent, or used nearby adverse language about another authority.

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.

1,001 later cases cite Anthony Dewalt v. Lamark Carter, Correctional Officer Young, Carol Biester; 208 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.

Relying on Anthony Dewalt v. Lamark Carter, Correctional Officer Young, Carol Biester?

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Treatments

Abrogated

  • The en banc court preserved DeWalt's conditions-of-confinement holding but abrogated its broader reasoning that Section 1983 relief must be available whenever habeas relief is unavailable.

    Johnnie Savory v. William Cannon, Sr. · Seventh Circuit (en banc) · filed

    But part of the reasoning and language of DeWalt went further than that and implied that, in all cases where habeas relief is unavailable, then section 1983 must provide an avenue of relief. … This language suggesting that a section 1983 remedy must be available when habeas relief is unavailable is in conflict with footnote 10 of Heck and with our holding today. Moreover, it was unnecessary to the holding in DeWalt, and we now disavow that language.
    Read the full opinion on CourtListener →

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