Freeman v. State, Department of Corrections

BURNETT, Judge.

A prison inmate, Robert D. Freeman, filed a petition for writ of habeas corpus, complaining that the Idaho Department of Corrections had taken his personal property unlawfully and had not paid for it. A magistrate denied the petition and dismissed the case, ruling that habeas corpus is not an appropriate proceeding to obtain monetary compensation. On appeal, the district court affirmed. Today, for reasons explained below, we agree that the wrong form of pleading was employed, but we hold that the case should not have been dismissed on that ground alone.

Freeman alleged in his…