John Fulford v. Frank Klein, Etc., Etc.

RONEY, Circuit Judge:

This case represents a further development in the burgeoning field of civil rights actions brought under 42 U.S.C.A. § 1983 by state prisoners who have not exhausted their state remedies by first attacking their conviction and confinement in state courts. We hold that a § 1983 action for damages based on the withholding at trial of possible exculpatory evidence by state officials in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), cannot be prosecuted while the state case is on appeal and before all state remedies have been exhausted in…