context: We add that our holding today is compatible with those of circuits that have addressed the issue.
citation_a.signal: see also
citation_a.identifier: 641 F.2d 775, 777
citation_a.parenthetical: where resolution of prisoner's claim for money damages would involve a determination of validity of state court conviction presently before state supreme court, Section 1983 action should be stayed during its pendency
citation_a.sentence: See Hadley v. Werner, 753 F.2d 514, 516 (6th Cir.1985) (per curiam) (although inmate’s civil rights complaint sought damages rather than release, a necessary portion, of his claim challenged the validity of his conviction and consequent confinement; dismissal of action proper and inmate directed to pursue relief in habeas corpus proceeding); Ybarra v. Reno Thundrebird Mobile Home Village, 723 F.2d 675, 682 (9th Cir.1984) (summary judgment proper as to prisoner’s action for declaratory relief where basis of claim is a challenge to the constitutionality of conviction; “initial and exclusive” remedy lies in habeas corpus); Alexander v. Ware, 714 F.2d 416, 419 (5th Cir.1983) (if a prisoner challenges a “ ‘single allegedly defective [disciplinary] hearing,’ ” he attacks, in essence the fact and duration of his custody; whatever relief is sought for an isolated incident, the prisoner must resort to habeas corpus and exhaust state remedies); Todd v. Baskerville, 712 F.2d 70, 73 (4th Cir.1983) (prisoner’s Section 1983 action, seeking damages and restoration of good time, would be dismissed for failure to exhaust since “core” of the claim was the duration of sentence and any claim of damages was ancillary to and dependent on its favorable resolution); Richardson v. Fleming, 651 F.2d 366, 373 (5th Cir.1981) (the propriety of a prisoner’s Section 1983 action is not determined solely on the basis of relief sought; rather, if upon examination the basis of the claim directly draws into question the validity of the fact or length of confinement, the exclusive remedy is habeas corpus); see also Parkhurst v. State of Wyoming, 641 F.2d 775, 777 (10th Cir.1981) (per curiam) (where resolution of prisoner’s claim for money damages would involve a determination of validity of state court conviction presently before state supreme court, Section 1983 action should be stayed during its pendency), (footnotes omitted).
citation_b.signal: see
citation_b.identifier: 712 F.2d 70, 73
citation_b.parenthetical: prisoner's Section 1983 action, seeking damages and restoration of good time, would be dismissed for failure to exhaust since "core" of the claim was the duration of sentence and any claim of damages was ancillary to and dependent on its favorable resolution
citation_b.sentence: See Hadley v. Werner, 753 F.2d 514, 516 (6th Cir.1985) (per curiam) (although inmate’s civil rights complaint sought damages rather than release, a necessary portion, of his claim challenged the validity of his conviction and consequent confinement; dismissal of action proper and inmate directed to pursue relief in habeas corpus proceeding); Ybarra v. Reno Thundrebird Mobile Home Village, 723 F.2d 675, 682 (9th Cir.1984) (summary judgment proper as to prisoner’s action for declaratory relief where basis of claim is a challenge to the constitutionality of conviction; “initial and exclusive” remedy lies in habeas corpus); Alexander v. Ware, 714 F.2d 416, 419 (5th Cir.1983) (if a prisoner challenges a “ ‘single allegedly defective [disciplinary] hearing,’ ” he attacks, in essence the fact and duration of his custody; whatever relief is sought for an isolated incident, the prisoner must resort to habeas corpus and exhaust state remedies); Todd v. Baskerville, 712 F.2d 70, 73 (4th Cir.1983) (prisoner’s Section 1983 action, seeking damages and restoration of good time, would be dismissed for failure to exhaust since “core” of the claim was the duration of sentence and any claim of damages was ancillary to and dependent on its favorable resolution); Richardson v. Fleming, 651 F.2d 366, 373 (5th Cir.1981) (the propriety of a prisoner’s Section 1983 action is not determined solely on the basis of relief sought; rather, if upon examination the basis of the claim directly draws into question the validity of the fact or length of confinement, the exclusive remedy is habeas corpus); see also Parkhurst v. State of Wyoming, 641 F.2d 775, 777 (10th Cir.1981) (per curiam) (where resolution of prisoner’s claim for money damages would involve a determination of validity of state court conviction presently before state supreme court, Section 1983 action should be stayed during its pendency), (footnotes omitted).