Preiser v. Rodriguez

Supreme Court of the United States

411 U.S. 475

Preiser, Correction Commissioner, et al.  v.  Rodriguez et al.

Certiorari to the United States Court of Appeals for the Second Circuit

No. 71-1369.  Argued: January 9, 1973 --- Decided: May 7, 1973

Respondents were state prisoners who had elected to participate in New York's conditional-release program, by which a prisoner serving an indeterminate sentence may earn up to 10 days per month good-behavior-time credits toward reduction of his maximum sentence. For in-prison disciplinary reasons the good-time credits of each were canceled. Each respondent brought a civil rights action under 42 U.S.C. § 1983, in conjunction with a habeas corpus action, claiming that his credits were unconstitutionally canceled and seeking their restoration. The District Court in each case viewed the habeas corpus claim merely as an adjunct to the civil rights action, thus obviating the need for exhaustion of state remedies, and on the merits ruled for the respondent, a ruling that in each case entitled him to immediate release on parole. The Court of Appeals consolidated the actions and affirmed.


Held: When a state prisoner challenges the fact or duration of his physical imprisonment and by way of relief seeks a determination that he is entitled to immediate release or a speedier release, his sole federal remedy is a writ of habeas corpus. Pp. 488-499.

(a) Although the broad language of § 1983 seems literally to apply, Congress' enactment of the specific federal habeas corpus statute, with its requirement that a state prisoner exhaust state remedies, was intended to provide the exclusive means of relief in this type of situation. Pp. 488-490.
(b) The policy of exhaustion in federal habeas corpus actions, which is rooted in considerations of federal-state comity, has as much relevance in an attack on the actions of the state prison administration as it does in an attack on the actions of a state court; and that policy applies here where respondents sought no damages, but only a ruling that they were entitled to immediate release or a speedier release. Pp. 490-494.
(c) Recent decisions of this Court relied on by respondent's upholding state prisoners' civil rights actions, are inapposite to the situation here, for the prisoners in those cases challenged only the conditions of their confinement, not the fact or duration of that confinement itself. Pp. 498-499.


456 F.2d 79, reversed.


STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. BRENNAN, J., filed a dissenting opinion, in which DOUGLAS and MARSHALL, JJ., joined, post, p. 500.


Lillian Z. Cohen, Assistant Attorney General of New York, argued the cause for petitioners. With her on the brief were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General.

Herman Schwartz argued the cause for respondents. With him on the brief were Jack Greenberg, Stanley A. Bass, and Melvin L. Wulf.[1]


  1. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier and Arlo E. Smith, Assistant Attorneys General, and Derald E. Granberg, Deputy Attorney General, filed a brief for the State of California as amicus curiae urging reversal.

    Robert Meserve, Robert Kutak, William Falsgraf, Daniel Skoler, and Richard Singer filed a brief for the American Bar Assn. as amicus curiae urging affirmance.