Legal Opinion

Bressman v. Farrier

Court of Appeals for the Eighth Circuit

Decided April 19, 1990No. Nos. 89-1186, 89-1187PublishedCited by 12 opinions

1Opinion of the Court

BOWMAN, Circuit Judge.

These consolidated appeals draw us once more into that ambiguous borderland between habeas corpus actions and suits brought by state prisoners under 42 U.S.C. § 1983, which we first explored in Offet v. Solem, 823 F.2d 1256, 1257 (8th Cir.1987). In Offet, we held that under Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973), the appropriate vehicle for a state prisoner who is directly attacking the length of his confinement and seeking restoration of his good-time credits is a petition for writ of habeas corpus, which requires exhaustion of state…

2Cases cited3 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Offet v. SolemCourt of Appeals for the Eighth Circuit · 1987

3Cited by12 opinions

  1. Bobby Fruit John Witham and Craig Rayburn v. Larry Norris, Warden M. Evans H. Rhodes W. Simmons Employees, Tucker Max. Security Unit, A.D.C.Court of Appeals for the Eighth Circuit · 1990
  2. United States v. Terrance Kenneth ProvostCourt of Appeals for the Eighth Circuit · 1992
  3. Richard Sisk James Piatt v. Cso Branch R. Austin Lt. HiltonCourt of Appeals for the Ninth Circuit · 1992
  4. James Blair-Bey v. Crispus C. Nix, Ronald Welder, Paul Twaddle, John Dewey Eugene FoehringCourt of Appeals for the Eighth Circuit · 1990
  5. Thomas A. Munz v. Crispus C. Nix Ronald G. Welder Charles Harper Kyle Bowden David Babcock and Charles W. LeeCourt of Appeals for the Eighth Circuit · 1990

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