State ex rel. Hemphill v. Rafferty

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where a plaintiff seeks a habeas remedy, “the plaintiff must proceed by way of a habeas petition.”
• holding that motion to dismiss “should not [] be[] granted unless the moving party has established that there is no material issue of fact to resolve, and that it is entitled to judgment in its favor as a matter of law.”
• indicating that the first step of any substantive .due process analysis is to “define the ‘exact contours of the underlying right said to have been violated’”
• stating that the right to treatment inherent in the NJSVPA “present[s] the type of liberty interest that is at the heart of procedural and substantive due process”
• finding that federal habeas corpus review is available only “where the deprivation of rights is such that it necessarily - 3 - impacts the fact or length of detention”
• holding, “when the challenge is to a condition of confinement such that a finding in plaintiff's favor would not alter his sentence or undo his conviction, an action under §1983 is appropriate”

Source: CourtListener parenthetical corpus (CC0).