# Donald H. Duke v. Stephen P. White and Charles Holmes

> Court of Appeals for the Sixth Circuit · March 5, 1980 · 616 F.2d 955

URL: https://www.frixlaw.com/law-library/cases/9466548

## Case

- **Full name:** Donald H. DUKE, Plaintiff-Appellant, v. Stephen P. WHITE and Charles Holmes, Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** March 5, 1980
- **Citations:** 616 F.2d 955; 1980 U.S. App. LEXIS 19897
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Edwards, Celebrezze, Brown
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466548

## How later opinions describe it (automated extraction)

- stating that “[t]he right to expungement of state records is not a federal constitutional right”

## Opinion text

PER CURIAM.
Appellant in this case appeals from an order dismissing his civil rights action against the trial court judge and the commissioner of the Kentucky Bureau of Corrections. His suit sought the expungement of the record of his state felony conviction in 1970 for possession of an illegal gambling contrivance. Appellant had previously appealed his conviction to the highest court of Kentucky, where it was affirmed unanimously. See Duke v. Commonwealth of Kentucky, 474 S.W.2d 885 (Ky.1972). There the Court of Appeals of Kentucky (then Kentucky’s highest court) held that a search of the premises of the Thoroughbred Sup *956 per Club by officers of the Alcoholic Beverage Control Board was authorized under Kentucky Statute KRS 241.090, even though no search warrant had been procured.
In this federal litigation, filed long after appellant had served his prison term, appellant sought to invoke jurisdiction under 28 U.S.C. §§ 1343 , 1651 (1976); 42 U.S.C. § 1983 (1976), and the Fourth and Fourteenth Amendments to the Constitution of the United States. The only relief sought was that of an injunction to require the defendants to expunge the felony conviction previously affirmed by the Kentucky Supreme Court on the ground that the search of the premises which had resulted in seizure of the gambling device was a violation of the Fourteenth Amendment.
This action cannot be treated as a petition for writ of habeas corpus since appellant was not in custody in any fashion when the complaint was filed. The right to expungement of state records is not a federal constitutional right. Neither the Legislature of Kentucky nor the Congress of the United States has seen fit to adopt expungement statutes.
The judgment of the District Court dismissing the complaint is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466548. Public record. Not legal advice.