Opinion

William Dwight Dotson v. Reginald A. Wilkinson, Director John Kinkela and Margarette T. Ghee

  • 300 F.3d 661
  • 2002 U.S. App. LEXIS 16153
  • 2002 WL 1827837
Court
Court of Appeals for the Sixth Circuit
Filed
Aug 12, 2002
Status
Published
Author
Cole
On the bench
Ryan, Boggs, Cole
Cited by
5 cases
Authority
More cited than 26.1%

The opinion

COLE, Circuit Judge,

concurring.

Only one legal question is at issue here: whether, as set forth in Preiser v. Rodriguez, 411 U.S. 475 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973), the writ of habeas corpus provides the exclusive remedy for petitioner’s challenge to the scheduling of his parole hearing. I conclude that the writ of habeas corpus does not provide the exclusive remedy for petitioner’s challenge and, for that reason, he may bring a § 1983 action.

The writ of habeas corpus provides the exclusive remedy for challenges that necessarily imply the invalidity of the fact or duration of a prisoner’s confinement. See Edwards v. Balisok, 520 U.S. 641, 646, 648 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997); Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994); Anyanwutaku v. Moore, 151 F.3d 1053, 1055-56 (D.C.Cir.1998); Neal v. Shimoda, 131 F.3d 818, 824 (9th Cir.1997). Here, petitioner appeals only the scheduling of his release hearing. Neither outcome of that decision' — -rescheduling the hearing or *667 not rescheduling the hearing — necessarily implies the invalidity of petitioner’s continued confinement. Thus, because petitioner does not challenge a release decision, the writ of habeas corpus is not petitioner’s exclusive remedy and he may challenge it through a § 1983 action. For this reason, I concur in reversing the district court’s dismissal.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.