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Harper v. Jeffries

submitted: December 15, 1986.


On Appeal from the United States District Court for the Middle District of Pennsylvania.

Author: Gibbons

Before GIBBONS, WEIS, and MARIS, Circuit Judges.

GIBBONS, Circuit Judge:

This is an appeal by a pro se petitioner from a dismissal of his claim of civil rights violations brought under 42 U.S.C. § 1983. The petitioner, a parolee, alleges that he was improperly imprisoned and deprived of his civil rights by parole officials who filed fabrication charges of parole violation against him. The magistrate below recommended to dismiss the petitioner's § 1983 claim for damages because it was brought in conjunction with petitioner's claim challenging his confinement in state prison. The magistrate reasoned that the latter claim was actually a petition for habeas corpus which federal courts could not entertain before the petitioner exhausted all available state remedies. The magistrate further opined that the petitioner's sole avenue of relief in federal court was to file a petition for habeas corpus after persuing all appropriate state remedies. The United States District Court for the Middle District of Pennsylvania summarily adopted the magistrate's opinion and dismissed both of the petitioner's claims. Because we believe that the magistrate misapplied the extant law regarding concurrent claims for § 1983 damages and habeas corpus relief, we reverse.


On September 17, 1985, the appellant, Michael J. Harper, was arrested by police from the City of York, Pennsylvania, on a parole arrest warrant. The warrant was issued, on allegedly false information, by the appellant's parole officer, Donald Jeffries, on the previous day. It specifically averred that the appellant had violated the terms of his parole and it authorized his immediate detention at a Pennsylvania correctional institution.*fn1

Shortly after the appellant's arrest, Parole Officer Jeffries supposedly informed the Pennsylvania Parole Board that the appellant had been arrested on new criminal charges. Jeffries so alerted the Parole Board, even though, in actuality, no criminal warrants had been executed against the appellant. The appellant has since written to Parole Board officials on numerous occasions to contest his illegal arrest and detention. Nevertheless, the appellant's requests for administrative relief were denied in March, 1986, and he currently remains in detention at the State Correctional Institution at Rockview, Bellefonte, Pennsylvania.

As a result of his incarceration, the appellant filed an action against the Pennsylvania Parole Board on April 16, 1986. The appellant's complaint asserted that, as a result of Jeffries' and the Parole Board's actions, his business had suffered, he was in debt, and his wife had divorced him and had taken custody of their son. In his original complaint, the appellant sought release from prison, damages under 42 U.S.C. § 1983 for violation of his civil rights, and other declaratory relief.

The controversy was immediately presented to a United States Magistrate. Before the magistrate could render an opinion, however, the appellant filed a "motion for Leave to Amend Original Civil Rights Act Complaint" on April 18th. Report of Magistrate at 2. In this motion, the appellant sought to remove as a defendant the Pennsylvania Board of Probation and Parole and to add as a defendant James Riggs, a hearing examiner for the Parole Board. It is the appellant's contention that Riggs and Jeffries conspired to have the appellant wrongfully incarcerated, thereby denying him of his civil rights and giving rise to the instant cause of action.

On April 28th, the magistrate issued his recommendation. This recommendation reasoned that, even though the appellant had set forth a claim for § 1983 damages, the primary purpose of his complaint was to attack his wrongful confinement -- a classic habeas corpus situation. Citing the United States Supreme Court's decision in Preiser v. Rodriguez, 411 U.S. 475, 36 L. Ed. 2d 439, 93 S. Ct. 1827 (1973), the magistrate stated, "If a petitioner, although framing his claim in civil rights, is, in reality, attacking the fact or duration of confinement, the proper federal remedy is by way of habeas corpus." Report of Magistrate at 2. Accordingly, the magistrate urged that the appellant be instructed to exhaust all potential state remedies before being allowed to pursue his claim in federal court on a petition for habeas corpus.

The magistrate further stated that the defendants, as parole officers and officials, enjoyed immunity from suits of the type brought by the appellant. See id. at 3 (citations omitted). Hence, the magistrate urged that all of the appellant's claims in federal court be dismissed without issuance of process.*fn2 On May 16, 1986, the district court accepted the magistrate's report and dismissed all of the appellant's claims for relief. This appeal followed.


It is clear that a state prisoner seeking to gain release in a federal court must first exhaust all available state remedies before pursuing a petition for habeas corpus. 28 U.S.C. § 2254(b) (1982). A habeas corpus petition presenting unexhausted claims must be dismissed. However, when a state prisoner brings, along with his petition for release from confinement, a legitimate action for damages pursuant to the federal civil rights laws, the damage claim should not be dismissed. The United States Supreme Court dealt with this question in explicit terms in its 1973 decision of Preiser v. Rodriguez, 411 U.S. 475, 36 L. Ed. 2d 439, 93 S. Ct. 1827 . There, the Supreme Court stated:

If a state prisoner is seeking damages, he is attacking something other than the fact or length of his confinement, and he is seeking something other than immediate or more speedy release -- the traditional purpose of habeas corpus. In the case of a damages claim, habeas corpus is not an appropriate or available federal remedy. Accordingly, as petitioners themselves concede, a damages action by a state prisoner could be ...

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