· 1/7/1991
Gene Vontell Graham v. G. Michael Broglin
Citations
- 922 F.2d 379
- 1991 U.S. App. LEXIS 87
- 1991 WL 484
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing the difference between “[having] the run of the prison” 4 and “solitary confinement” as a difference in level of custody adequate for habeas jurisdiction
- stating that if a prisoner is challenging “merely the conditions of his confinement his proper remedy is under civil rights law” and not federal habeas
- stating that civil rights was proper avenue “even if, as will usually be the case, the program or location or environment that he is challenging is more restrictive than the alternative that he seeks.”
- noting that successful completion of the work release program at issue in Brennan - a program designed to test the prisoner's ability to function outside of prison - would have led to parole
- “[H]ome is a less restrictive place in which to serve one’s sentence as well as a different one.”
- prisoner seeking “freedom” of parole is “seeking what can fairly be described as a quantum change in the level of custody” and must bring suit under habeas corpus statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Posner, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.