Legal Opinion
Clausell v. Turner
District Court, S.D. New York
Decided January 21, 1969No. 68 Civ. 1904PublishedCited by 6 opinions
1Opinion of the Court
OPINION
HERLANDS, District Judge:
A fundamental issue of far-ranging importance raised by defendant Rooney’s motion to dismiss the complaint in this declaratory judgment action is whether the validity of plaintiff’s incarceration following trial, conviction and sentence can be collaterally attacked in a proceeding under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. (1964), or whether, under the circumstances of this ease, the only possibly appropriate post-conviction proceedings are those authorized by special statutes, such as, a petition for habeas corpus, 28 U.S.C. § 2241 (1964) or…
2Cases cited20 opinions
- Katzenbach v. McClungSupreme Court of the United States · 1964
- Clark v. MemoloCourt of Appeals for the D.C. Circuit · 1949
- Manuel Lee Matysek v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- United States v. Gerardo A. Re, Also Known as Jerry A. Re and Gerard F. ReCourt of Appeals for the Second Circuit · 1967
- George J. Hurley v. George J. Reed, Chairman, United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1961
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3Cited by6 opinions
- The New York Times Company v. Alberto Gonzales, in His Official Capacity as Attorney General of the United States, and the United States of AmericaCourt of Appeals for the Second Circuit · 2006
- The New York Times Co. v. GonzalesDistrict Court, S.D. New York · 2005
- Langbord v. United States Department of TreasuryDistrict Court, E.D. Pennsylvania · 2011
- Holicky v. Selective Service Local Board No. 3District Court, D. Colorado · 1971
- Mowers v. United States Attorney GeneralDistrict Court, S.D. New York · 1969
1 more not listed; retrieve them via the Exa API.