ROTTEN TO THE 'CORE OF HABEAS CORPUS' - THE SUPREME COURT AND THE LIMITATIONS ON A PRISONER'S RIGHT TO SUE - PREISER V RODRIGUEZ

• NCJ Number: 10996
• Journal: Criminal Law Bulletin Volume: 9 Issue: 6 Dated: (JULY/AUGUST 1973) Pages: 518-527
• Author(s): R PLOTKIN
• Date Published: 1973
• Length: 10 pages
• Corporate Author: Warren, Gorham and Lamont, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CRITIQUE OF THE SUPREME COURT'S REJECTION OF SUITS BROUGHT BY STATE PRISONERS UNDER THE FEDERAL CIVIL RIGHTS ACT.

Abstract

IN PREISER V RODRIGUEZ, PRISONERS CONTESTING THE ELIMINATION OF GOOD TIME CREDIT FOR DISCIPLINARY INFRACTIONS SUED UNDER THE FEDERAL CIVIL RIGHTS ACT. THE COURT HELD THAT THE SUIT WAS IN REALITY ONE BASED ON THE FACT OR DURATION OF THEIR CONFINEMENT AND THUS ONE FOR WHICH THE APPROPRIATE REMEDY WAS HABEAS CORPUS. THE COURT REJECTED THE PRISONERS' CONTENTION THAT THEY SOUGHT TO REMEDY ILLEGAL STATE ADMINISTRATIVE PROCEDURES NOT TO OBTAIN THEIR RELEASE. THE AUTHOR CONTENDS THAT THE HIGH COURT MISAPPLIED THE 'RELEASE TEST' SINCE THE PROBLEM WAS ONE OF PROCEDURAL RATHER THAN SUBSTANTIVE RIGHTS.