Legal Opinion
Alan James Spina v. C.L. Aaron, Etc.
Court of Appeals for the Fifth Circuit
Decided July 17, 1987No. 86-1407PublishedCited by 45 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Because the decision in this Bivens-type suit by a prisoner against federal prison officials for an isolated constitutional tort may affect the fact or duration of the prisoner’s confinement, we hold that the action cannot proceed, even as to claims for damages, until the prisoner exhausts the remedy available by habeas corpus proceedings.
Alan James Spina, an inmate incarcerated in the Western District of Texas, filed a Bivens-type complaint in the federal district court for the Northern District of Texas asserting that several prison officials had violated his…
2Cases cited12 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Carlson v. GreenSupreme Court of the United States · 1980
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1976
- Ernest M. Serio v. Members of Louisiana State Board of Pardons, Howard Marsellus, Jr.Court of Appeals for the Fifth Circuit · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Hughes Anderson Bagley, Jr. v. Cmc Real Estate Corporation, AKA Chicago, Milwaukee, St. Paul & Pacific Railroad Donald E. Mitchell Norman W. PrinsCourt of Appeals for the Ninth Circuit · 1991
- Cook v. Texas Department of Criminal Justice Transitional Planning DepartmentCourt of Appeals for the Fifth Circuit · 1994
- Marion Calvin Tucker v. Peter Carlson, WardenCourt of Appeals for the Ninth Circuit · 1991
- Obadiah Stephenson, Sr. v. Janet Reno, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 1994
- Chin v. BowenCourt of Appeals for the Second Circuit · 1987
40 more not listed; retrieve them via the Exa API.