Legal Opinion
Todd v. Baskerville
Court of Appeals for the Fourth Circuit
Decided July 6, 1983No. Nos. 81-6517, 81-6730PublishedCited by 162 opinions
1Opinion of the Court
DONALD RUSSELL, Circuit Judge:
These appeals have been consolidated because both involve the “ambiguous borderland” 1 between habeas corpus proceedings and § 1983 actions, though the dispositive issue in the two cases are different. As they come to us, the Todd appeal poses the question whether the action by a state prisoner in that case was to be considered in habeas and thus subject to state exhaustion or was to be treated as a § 1983 action in which state exhaustion was excused; the Holsey appeal, on the other hand, involves as the ultimate issue the propriety of a dismissal of a state…
2Cases cited9 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Boyce v. AlizaduhCourt of Appeals for the Fourth Circuit · 1979
- Williams v. WardCourt of Appeals for the Second Circuit · 1977
- Ronald P. Richardson v. Les FlemingCourt of Appeals for the Fifth Circuit · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
- Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
- Cochran v. MorrisCourt of Appeals for the Fourth Circuit · 1996
- Clay v. YatesDistrict Court, E.D. Virginia · 1992
- Seth Yellen, A/K/A Ronald Larkins v. Thomas I. Cooper, Superintendent, Shadow Mountain Correctional Facility, and Lt. Ted Weber, Correctional OfficerCourt of Appeals for the Tenth Circuit · 1987
- Edward Viens and Joseph Perruquet v. Harold Daniels, Adrian Barber, Daniel Stock and Judy PedersenCourt of Appeals for the Seventh Circuit · 1989
157 more not listed; retrieve them via the Exa API.