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Article: Thomas v. Barker.(HABEAS CORPUS)(Brief Article)
- Article from:
- Corrections Caselaw Quarterly
- Article date:
- August 1, 2005
CopyrightCOPYRIGHT 2005 CRS, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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U.S. District Court
HABEAS CORPUS RELIEF
Thomas v. Barker, 371 F.Supp.2d 636 (M.D.Pa. 2005). A jail inmate brought a pro se civil rights suit seeking to challenge the propriety of charges of escape and other crimes. The district court dismissed the case, finding that the inmate could not seek release from custody in a [section] 1983 action. The court noted that to the extent that the jail inmate was challenging the fact or duration of his confinement by attacking a sheriff's filing of charges against him, the claims had to be brought in a habeas corpus petition, rather than a civil rights action. The court also held that any claim for ...