Christian Thomas Nealson v. Lt. Day, et al.

Summary

The United States District Court for the Western District of Virginia denied Christian Thomas Nealson’s motion requesting a three-judge panel and an order requiring his release from incarceration. The court held that 28 U.S.C. § 2284 did not authorize a three-judge panel in this § 1983 action and that habeas corpus, rather than § 1983, is the exclusive federal remedy for a state prisoner seeking release from confinement.

Holdings

1. A three-judge panel was not required because Nealson did not challenge the constitutionality or apportionment of a congressional district or statewide legislative body and identified no other statute authorizing such a panel.
2. An order requiring a state prisoner’s actual release from confinement is not available under § 1983; habeas corpus is the exclusive federal remedy for that relief.

Questions Presented

1. Whether the court was required or authorized to convene a three-judge panel under 28 U.S.C. § 2284.
2. Whether an order requiring a state prisoner’s release from incarceration is available as relief in a 42 U.S.C. § 1983 action.

Disposition

other