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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:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.