Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, Texas

*386RONEY, Circuit Judge:

The instant cause concerns the propriety of the district judge in dismissing an action clearly labeled as a civil rights complaint for damages under 42 U.S. C.A. § 1983 on the ground that the complaint set forth an action in habeas corpus requiring exhaustion of state remedies. On the basis of our recent analysis of this legal issue in Fulford v. Klein, 529 F.2d 377 (5th Cir. 1976) [Slip Opin. No. 74-2723, March 25, 1976], we reverse and remand first, for consideration of any damage claims made for asserted deprivations during confinement, which can be made without…