Circuit split · civil rights litigation
Whether a state prisoner's challenge to an interstate detainer must be pursued through a federal habeas corpus petition rather than under 42 U.S.C. § 1983
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Major Harden v. George E. Pataki320 F3D 1289
Eleventh Circuit Court of Appeals · February 10, 2003
“24 Furthermore, we disagree with the Seventh Circuit's analysis — the only other circuit court to have addressed this issue in a published opinion.” — Disagrees with another circuit
Empirical analysis of this case →
The provision at issue
42 U.S.C. § 1983 — Civil action for deprivation of rights
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or …”Read the full section →
What the split turns on
- Statutes:
- 42 U.S.C. § 1983
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.