Wilkinson v. Dotson

544 U.S. 74, 125 S. Ct. 1242, 161 L. Ed. 2d 253, 2005 U.S. LEXIS 2204
CourtSupreme Court of the United States
DecidedMarch 7, 2005
Docket03-287
StatusPublished
Cited by2,802 cases

This text of 544 U.S. 74 (Wilkinson v. Dotson) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkinson v. Dotson, 544 U.S. 74, 125 S. Ct. 1242, 161 L. Ed. 2d 253, 2005 U.S. LEXIS 2204 (2005).

Opinions

Justice Breyer

delivered the opinion of the Court.

Two state prisoners brought an action under 42 U. S. C. §1983 claiming that Ohio’s state parole procedures violate the Federal Constitution. The prisoners seek declaratory and injunctive relief. The question before us is whether they may bring such an action under Rev. Stat. § 1979, 42 U. S. C. § 1983, the Civil Rights Act of 1871, or whether they must instead seek relief exclusively under the federal habeas corpus statutes. We conclude that these actions may be brought under § 1983.

I

The two respondents, William Dotson and Rogerico Johnson, are currently serving lengthy terms in Ohio prisons. Dotson began to serve a life sentence in 1981. The parole board rejected his first parole request in 1995; and a parole officer, after reviewing Dotson’s records in the year 2000, determined that he should not receive further consideration for parole for at least five more years. In reaching this conclusion about Dotson’s parole eligibility, the officer used parole guidelines first adopted in 1998, after Dotson [77]*77began to serve his term. Dotson claims that the retroactive application of these new, harsher guidelines to his preguide-lines case violates the Constitution’s Ex Post Facto and Due Process Clauses. He seeks a federal-court declaration to that effect as well as a permanent injunction ordering prison officials to grant him an “immediate parole hearing in accordance with the statutory laws and administrative rules in place when [he] committed his crimes.” App. 20 (Dotson Complaint, Prospective Declaratory and Injunctive Relief, ¶3).

Johnson began to serve a 10- to 30-year prison term in 1992. The parole board considered and rejected his first parole request in 1999, finding him unsuitable for release. In making this determination, the board applied the new 1998 guidelines. Johnson too claims that the application of these new, harsher guidelines to his preguidelines case violated the Constitution’s Ex Post Facto Clause. He also alleges that the parole board’s proceedings (by having too few members present and by denying him an adequate opportunity to speak) violated the Constitution’s Due Process Clause. Johnson’s complaint seeks a new parole hearing conducted under constitutionally proper procedures and an injunction ordering the State to comply with constitutional due process and ex post facto requirements in the future.

Both prisoners brought § 1983 actions in federal court. In each case, the Federal District Court concluded that a § 1983 action does not lie and that the prisoner would have to seek relief through a habeas corpus suit. Dotson v. Wilkinson, No. 3:00 CV 7303 (ND Ohio, Aug. 7, 2000); Johnson v. Ghee, No. 4:00 CV 1075 (ND Ohio, July 16, 2000). Each prisoner appealed. The Court of Appeals for the Sixth Circuit ultimately consolidated the two appeals and heard both cases en banc. The court found that the actions could proceed under § 1983, and it reversed the lower courts. 329 F. 3d 463, 472 (2003). Ohio parole officials then petitioned for certiorari, and we granted review.

[78]*78II

This Court has held that a prisoner in state custody cannot use a § 1983 action to challenge “the fact or duration of his confinement.” Preiser v. Rodriguez, 411 U. S. 475, 489 (1973); see also Wolff v. McDonnell, 418 U. S. 539, 554 (1974); Heck v. Humphrey, 512 U. S. 477, 481 (1994); Edwards v. Balisok, 520 U. S. 641, 648 (1997). He must seek federal habeas corpus relief (or appropriate state relief) instead.

Ohio points out that the inmates in these cases attack their parole-eligibility proceedings (Dotson) and parole-suitability proceedings (Johnson) only because they believe that victory on their claims will lead to speedier release from prison. Consequently, Ohio argues, the prisoners’ lawsuits, in effect, collaterally attack the duration of their confinement; hence, such a claim may only be brought through a habeas corpus action, not through § 1983.

The problem with Ohio’s argument lies in its jump from a true premise (that in all likelihood the prisoners hope these actions will help bring about earlier release) to a faulty conclusion (that habeas is their sole avenue for relief). A consideration of this Court’s case law makes clear that the connection between the constitutionality of the prisoners’ parole proceedings and release from confinement is too tenuous here to achieve Ohio’s legal door-closing objective.

The Court initially addressed the relationship between § 1983 and the federal habeas statutes in Preiser v. Rodriguez, supra. In that case, state prisoners brought civil rights actions attacking the constitutionality of prison disciplinary proceedings that had led to the deprivation of their good-time credits. Id., at 476. The Court conceded that the language of §1983 literally covers their claims. See § 1983 (authorizing claims alleging the deprivation of constitutional rights against every “person” acting “under color of” state law). But, the Court noted, the language of the federal habeas statutes applies as well. See 28 U. S. C. § 2254(a) (permitting claims by a person being held “in cus[79]*79tody in violation of the Constitution”). Moreover, the Court observed, the language of the habeas statute is more specific, and the writ’s history makes clear that it traditionally “has been accepted as the specific instrument to obtain release from [unlawful] confinement.” Preiser, 411 U. S., at 486. Finally, habeas corpus actions require a petitioner fully to exhaust state remedies, which § 1983 does not. Id., at 490-491; see also Patsy v. Board of Regents of Fla., 457 U. S. 496, 507 (1982). These considerations of linguistic specificity, history, and comity led the Court to find an implicit exception from §1983’s otherwise broad scope for actions that lie “within the core of habeas corpus.” Preiser, 411 U. S., at 487.

Defining the scope of that exception, the Court concluded that a § 1983 action will not lie when a state prisoner challenges “the fact or duration of his confinement,” id., at 489, and seeks either “immediate release from prison,” or the “shortening” of his term of confinement, id., at 482. Because an action for restoration of good-time credits in effect demands immediate release or a shorter period of detention, it attacks “the very duration of . . . physical confinement,” id., at 487-488, and thus lies at “the core of habeas corpus,” id., at 487. Therefore, the Court held, the Preiser prisoners could not pursue their claims under § 1983.

In Wolff v. McDonnell, supra, the Court elaborated the contours of this habeas corpus “core.” As in Preiser,

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544 U.S. 74, 125 S. Ct. 1242, 161 L. Ed. 2d 253, 2005 U.S. LEXIS 2204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-v-dotson-scotus-2005.