NCJ Number
14414
Journal
New England Journal on Prison Law Volume: 1 Issue: 1 Dated: (SPRING 1974) Pages: 116-124
Date Published
1974
Length
9 pages
Annotation
SUMMARY OF THE 1973 SUPREME COURT DECISION LIMITING PRISONERS' SUITS CHALLENGING FACT OR DURATION OF CONFINEMENT TO HABEAS CORPUS ACTIONS.
Abstract
HABEAS CORPUS WRITS HAVE LONG BEEN AVAILABLE TO REDRESS THE UNJUST CIRCUMSTANCES OF A PRISONER'S CONFINEMENT, BUT WITHIN THE LAST DECADE AN ALTERNATIVE HAS APPEARED: AN ACTION UNDER SECTION 1983 OF THE CIVIL RIGHTS ACT OF 1871. ITS ALLURE LIES IN THE FACT THAT THERE IS NO NEED TO EXHAUST JUDICIAL REMEDIES AVAILABLE IN STATE COURTS, A REQUIREMENT FOR FEDERAL HABEAS CORPUS RELIEF. IN SUBSTANCES, THE COURT SAID THAT STATE PRISONERS SEEKING RESTORATION OF GOOD TIME CREDITS MUST FOLLOW THE HABEAS CORPUS PROCEDURE WITH ITS REQUIREMENT OF EXHAUSTION OF AVAILABLE STATE REMEDIES. ONLY THEN COULD THEY PETITION A FEDERAL COURT FOR RELIEF; A REMEDY UNDER SECTION 1983 WAS NOT AVAILABLE. (AUTHOR ABSTRACT)