Legal Opinion

William T. Hamlin v. E. C. Warren, Sheriff, Halifax County

Court of Appeals for the Fourth Circuit

Decided November 3, 1981No. 79-6769PublishedCited by 88 opinions

1Opinion of the Court

*30HAYNSWORTH, Senior Circuit Judge:

The question is whether a state prisoner may challenge the validity of his conviction in a district court without having exhausted available state remedies upon the expedient of confining himself to a § 1983 claim for monetary damages, a declaratory judgment, and prospective injunctive relief, with a seemingly deliberate omission of a request for immediate release from his imprisonment. The question is a difficult one, never addressed by the Supreme Court, though the Supreme Court has decided a closely related question involving a § 1983 damage claim growing…

2Cases cited11 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Thomas A. Guerro v. Roger F. Mulhearn, Ralph F. Andrews v. Kathy Decote YoungCourt of Appeals for the First Circuit · 1974
  4. John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1976
  5. John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1977

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3Cited by88 opinions

  1. Hawkins v. FreemanCourt of Appeals for the Fourth Circuit · 1999
  2. James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici CuriaeCourt of Appeals for the Fourth Circuit · 2002
  3. United States v. Robert William Jones, United States of America v. Donald Eugene JohnsonCourt of Appeals for the Fourth Circuit · 1990
  4. Michael Thomas Harper v. Donald Jeffries, and Pennsylvania Board of Probation and ParoleCourt of Appeals for the Third Circuit · 1986
  5. Leonard v. HammondCourt of Appeals for the Fourth Circuit · 1986

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