Thelmon Smith, III v. M.D.O.C. Commissioner, et al.

Summary

The United States District Court for the Northern District of Mississippi denied Thelmon Smith III's motion to dismiss his pending state criminal case. The court held that because Smith sought dismissal of criminal charges and immediate release through a civil rights action under 42 U.S.C. § 1983, he must instead pursue habeas corpus relief under 28 U.S.C. § 2241; the denial was without prejudice.

Holdings

1. A state prisoner may not obtain dismissal of criminal charges or immediate release from detention through a § 1983 action when the requested relief challenges the fact or duration of confinement; habeas corpus is the exclusive remedy for that relief.

Questions Presented

1. Whether a state prisoner may obtain dismissal of pending state criminal charges and immediate release from detention through a motion in a 42 U.S.C. § 1983 action.
2. Whether the plaintiff's requested relief must instead be pursued through a petition for writ of habeas corpus under 28 U.S.C. § 2241.

Disposition

other