Legal Opinion

McCray v. Burrell

Court of Appeals for the Fourth Circuit

Decided April 10, 1975No. Nos. 74-1042, 74-1043, 74-1456, 74-1634PublishedCited by 119 opinions

1Opinion of the Court

WINTER, Circuit Judge:

These appeals present the common question of whether a prisoner, incarcerated under state process, is required to exhaust available state remedies before the district court may or should exercise jurisdiction in a suit under 42 U.S.C. § 1983 for the redress of alleged deprivations of civil rights arising out of his incarceration. Some of these ' appeals were heard but not decided by a panel of the court. Because each presents the same question of exceptional importance, *360we Consolidated them and heard them in banc.

In No. 74-1042 and No. 74-1043, plaintiff McCray, an…

2Cases cited46 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Furman v. GeorgiaSupreme Court of the United States · 1972
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Pierson v. RaySupreme Court of the United States · 1967

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3Cited by119 opinions

  1. Gomez v. ToledoSupreme Court of the United States · 1980
  2. Nathan Gillis v. Jon E. Litscher, Gerald A. Berge, Warden, Bradley HompeCourt of Appeals for the Seventh Circuit · 2006
  3. Anderson v. County of KernCourt of Appeals for the Ninth Circuit · 1995
  4. Johnson v. WilliamsCourt of Appeals for the Eighth Circuit · 1986
  5. James A. Watson v. Dr. Allen L. Ault, William Purdue v. Dr. Allen L. Ault, Director, William A. Durham v. Oree ThompsonCourt of Appeals for the Fifth Circuit · 1976

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