# 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/9466549

## 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:** Concurrence by Brown
- **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/9466549

## 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

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466549. Public record. Not legal advice.