Legal Opinion
Otto Hillen v. Director of Department of Social Service and Housing
Court of Appeals for the Ninth Circuit
Decided February 23, 1972No. 71-2638PublishedCited by 29 opinions
1Per curiam
Hillen, a state prisoner, filed a civil rights complaint challenging the action of his jailers in transferring him from a Hawaii state prison to California’s Folsom State Prison. against his will. We affirm the district court’s dismissal of the action.
The district court gave two reasons in support of its dismissal: (1) Hillen had not exhausted state remedies, and (2) Hillen’s complaint failed to state a claim upon which the court could grant relief.
The lower court’s invocation of the exhaustion doctrine was misplaced. The remedy provided by the Civil Rights Acts “is supplementary to the state…
2Cases cited2 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
3Cited by29 opinions
- Meachum v. FanoSupreme Court of the United States · 1976
- Olim v. WakinekonaSupreme Court of the United States · 1983
- Douglas Gomes v. Anthony P. TravisonoCourt of Appeals for the First Circuit · 1974
- Delbert Kaahanui Wakinekona v. Antone Olim, Edith M. Wilhelm, John Smythe, Winton Leong and Edwin ShimodaCourt of Appeals for the Ninth Circuit · 1981
- Hoitt v. VitekDistrict Court, D. New Hampshire · 1973
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