Jaske v. Hanks

Seventh Circuit

Jaske v. Hanks

27 F. App'x 622

CourtCourt of Appeals for the Seventh Circuit

DecidedOctober 17, 2001

DocketNo. 00-3268

StatusPublished

Cited by3 cases

This text of 27 F. App'x 622 (Jaske v. Hanks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jaske v. Hanks, 27 F. App'x 622 (7th Cir. 2001).

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Opinion

ORDER

Indiana prisoner Roger Jaske was convicted of homicide in a prison disciplinary proceeding and sentenced to three years’ disciplinary segregation. Mr. Jaske challenged the determination under 28 U.S.C. § 2254, and the district court dismissed his petition. Because disciplinary segregation affects the severity rather than the duration of custody, Mr. Jaske’s petition was improperly brought under § 2254. See Montgomery v. Anderson, 262 F.3d 641, 643-44 (7th Cir.2001). See also Walker v. O’Brien, 216 F.3d 626, 630 n. 3 (7th Cir. 2000) (expressing doubt that habeas corpus is appropriate procedure for challenging segregation); Moran v. Sondalle, 218 F.3d 647, 650-51 (7th Cir.2000) (state prisoners challenging administrative segregation must use § 1983, not § 2254); Sylvester v. Hanks, 140 F.3d 713, 714 (7th Cir. 1998) (expressing doubt that challenge to 3 years’ disciplinary segregation should proceed under § 2254). Accordingly, we AFFIRM the judgment of the district court.

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ORDER

Indiana prisoner Roger Jaske was convicted of homicide in a prison disciplinary proceeding and sentenced to three years’ disciplinary segregation. Mr. Jaske challenged the determination under 28 U.S.C. § 2254, and the district court dismissed his petition. Because disciplinary segregation affects the severity rather than the duration of custody, Mr. Jaske’s petition was improperly brought under § 2254. See Montgomery v. Anderson, 262 F.3d 641, 643-44 (7th Cir.2001). See also Walker v. O’Brien, 216 F.3d 626, 630 n. 3 (7th Cir. 2000) (expressing doubt that habeas corpus is appropriate procedure for challenging segregation); Moran v. Sondalle, 218 F.3d 647, 650-51 (7th Cir.2000) (state prisoners challenging administrative segregation must use § 1983, not § 2254); Sylvester v. Hanks, 140 F.3d 713, 714 (7th Cir. 1998) (expressing doubt that challenge to 3 years’ disciplinary segregation should proceed under § 2254). Accordingly, we AFFIRM the judgment of the district court.

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27 F. App'x 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaske-v-hanks-ca7-2001.

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