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S.Ct. Distinguishes Habeas and Section 1983
Loaded on Sept. 15, 1994
published in Prison Legal News
September, 1994, page 12
The two most common suits filed by state prisoners in federal courts are 28 U.S.C. § 2254 habeas corpus petitions which challenge the length or legality of confinement and 42 U.S.C. § 1983 suits which seek money damages for civil rights violations. There are important procedural differences between the two …
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More from this issue:
- The Unconstitutionality of Discriminatory Jury Selection, by Emmet Jones
- Michigan Prisoner Challenges Jury Selection Process, by Dan Pens
- Prison Racial Segregation Illegal
- The Death Penalty in Black and White, by Michael Ross
- Demanding Death, by Mumia Abu-Jamal
- Delay in Dental Care Creates Fact Dispute
- PA Prisoners Enjoy Right to Parole Consideration, by William Marshall
- Disciplinary Guilty Plea No Waiver to Suit
- Breach of Contract Claim OK Against Medical Contractor
- BOP Ad Seg Rules Create Liberty Interest
- New Trial for Beating
- VA "Men Only" Boot Camp Illegal
- WA Mail Policy Illegal
- Further Developments in WA Powell Case, by John Midgley
- Airway Heights Opens
- WA DOC Enjoined From Taking Costs
- Few Programs for FL Women Prisoners
- S.Ct. Distinguishes Habeas and Section 1983
- Two Dead in CT Riots
- Juries Tougher on Prisoner Litigators in Big Law Suits, by Dale Gardner
- PA Supreme Court Justice Sentenced
- Prison TV: Luxury or Management Tool?, by Paul Wright
- News in Brief
- FL DOC Corruption
- From The Editor, by Paul Wright
- Justice for Mark Cook - It's Way Past Time
- Letter From Mark Cook, by Mark Cook
- South American Prison News
- Art and Writings Against the Death Penalty / Save Mumia Abu Jamal
- The "Correcting Corrections" Project Distributes Prison Video Documentaries
More from these topics:
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.