Haymes v. Regan

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This case presents the very interesting but troublesome question of the application of the Supreme Court’s holding in Preiser v. Rodriguez (1973) 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439. On defendants’ motion to dismiss, we must decide whether this state prisoner’s civil rights complaint can be brought pursuant to 42 U.S.C. § 1983 or whether plaintiff’s exclusive remedy lies with federal habeas corpus relief (28 U.S.C. § 2254). If we should decide that plaintiff is challenging “the very fact or duration of his physical imprisonment”…