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· 3/25/1940

United States ex rel. Giacobbi v. Fluckey

Citations

  • 111 F.2d 297
  • 1940 U.S. App. LEXIS 3629

How courts have described this case

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

  • recognizing that prisoners when thwarted from improperly disguising civil action as petition for habeas corpus may decide to drop claim rather than risk consequences associated with PLRA
  • noting the different procedural requirements and consequences of civil rights actions and habeas corpus statutes as reasons for refusing to convert action
  • habeas is the proper vehicle for presenting a claim “only if the prisoner is seeking to ‘get out’ of custody in some meaningful sense”
  • habeas is the proper vehicle for presenting a claim “only if the prisoner is seeking to ‘get out’ of custody in some meaningful sense”
  • habeas is the proper vehicle for presenting a claim “only if the prisoner is seeking to ‘get out’ of custody in some meaningful sense”
  • petition for habeas corpus may be used only to challenge the fact or duration of a prisoner’s confinement

Source: CourtListener parenthetical corpus (CC0).

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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.