Clark v. Carberry

Ninth Circuit Court of Appeals

Decided July 29, 1971.

Ninth Circuit Court of Appeals · decided 1971-07-29

Cited by 1 later decisions — most recently July 1971

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-07-29

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¶1Herschel Clark, in pro. per.

¶2James C. Purcell, Thomas M. O’Con-nor, City Atty., San Francisco, Cal., for appellee.

¶3Before MERRILL, KOELSCH and CHOY, Circuit Judges.

¶4PER CURIAM.

¶5The district court dismissed plaintiff’s action on the grounds that the issues tendered in the complaint were ones which “should be raised by habeas corpus and not through the invocation of the federal civil rights statutes.” Plaintiff has appealed.

¶6Although plaintiff is a prisoner representing himself, his complaint contains allegations which unmistakably show that the sole relief he seeks is money damages, not habeas corpus. The two remedies are not, as the court below erroneously concluded, mutually exclusive.

¶7The judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.