Opinion

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

  • 616 F.2d 955
  • 1980 U.S. App. LEXIS 19897
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 5, 1980
Status
Published
Author
Brown
On the bench
Edwards, Celebrezze, Brown
Cited by
18 cases

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

How later courts described this case

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

Written by the judges who cited it.

The opinion

BAILEY BROWN, Circuit Judge

(concurring).

I agree with the result reached in this opinion and the reasons therefor set out in the opinion. I would, however, add an additional reason. It appears to me that appellant is, in effect, seeking to use 42 U.S.C. § 1983 as a vehicle for making a collateral attack on a state criminal conviction, that is to say, is seeking to use § 1983 as a substitute for habeas. This, I believe, he cannot do.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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