Herschel Clark v. Matthew Carberry

Ninth Circuit

Herschel Clark v. Matthew Carberry

446 F.2d 647, 1971 U.S. App. LEXIS 8714

Court of Appeals for the Ninth Circuit·Decided July 29, 1971·No. 71-1071_1·Published

Opinion

PER CURIAM.

The district court dismissed plaintiff’s action on the grounds that the issues tendered in the complaint were ones which “should be raised by habeas corpus and not through the invocation of the federal civil rights statutes.” Plaintiff has appealed.

Although plaintiff is a prisoner representing himself, his complaint contains allegations which unmistakably show that the sole relief he seeks is money damages, not habeas corpus. The two remedies are not, as the court below erroneously concluded, mutually exclusive.

The judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.

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PER CURIAM.

The district court dismissed plaintiff’s action on the grounds that the issues tendered in the complaint were ones which “should be raised by habeas corpus and not through the invocation of the federal civil rights statutes.” Plaintiff has appealed.

Although plaintiff is a prisoner representing himself, his complaint contains allegations which unmistakably show that the sole relief he seeks is money damages, not habeas corpus. The two remedies are not, as the court below erroneously concluded, mutually exclusive.

The judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.

Herschel Clark v. Matthew Carberry, 446 F.2d 647, 1971 U.S. App. LEXIS 8714 (9th Cir. 1971).

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446 F.2d 647 (Herschel Clark v. Matthew Carberry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.