preiser
rodriguez
argued
january
decided
may
respondents
state
prisoners
elected
participate
new
york
program
prisoner
serving
indeterminate
sentence
may
earn
days
per
month
credits
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sentence
disciplinary
reasons
credits
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respondent
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rights
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corpus
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case
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corpus
claim
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rights
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need
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case
entitled
immediate
release
parole
appeals
consolidated
actions
affirmed
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state
prisoner
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duration
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seeks
determination
entitled
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release
speedier
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sole
federal
remedy
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corpus
pp
although
broad
language
seems
literally
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congress
enactment
specific
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habeas
corpus
statute
requirement
state
prisoner
exhaust
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remedies
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type
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policy
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habeas
corpus
actions
rooted
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actions
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prison
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actions
state
policy
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respondents
sought
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immediate
release
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release
pp
recent
decisions
relied
respondents
upholding
state
prisoners
civil
rights
actions
inapposite
situation
prisoners
cases
challenged
conditions
confinement
fact
duration
confinement
pp
stewart
delivered
opinion
burger
white
blackmun
powell
rehnquist
joined
brennan
filed
dissenting
opinion
douglas
marshall
joined
post
lillian
cohen
assistant
attorney
general
new
york
argued
cause
petitioners
brief
louis
lefkowitz
attorney
general
samuel
hirshowitz
first
assistant
attorney
general
herman
schwartz
argued
cause
respondents
brief
jack
greenberg
stanley
bass
melvin
wulf
evelle
younger
attorney
general
edward
hinz
chief
assistant
attorney
general
doris
maier
arlo
smith
assistant
attorneys
general
derald
granberg
deputy
attorney
general
filed
brief
state
california
amicus
curiae
urging
reversal
robert
meserve
robert
kutak
william
falsgraf
daniel
skoler
richard
singer
filed
brief
american
bar
assn
amicus
curiae
urging
affirmance
justice
stewart
delivered
opinion
respondents
case
state
prisoners
deprived
credits
new
york
state
department
correctional
services
result
disciplinary
proceedings
brought
actions
federal
district
pursuant
civil
rights
act
alleging
department
acted
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credits
sought
injunctive
relief
compel
restoration
credits
case
result
immediate
release
confinement
prison
question
us
whether
state
prisoners
seeking
redress
may
obtain
equitable
relief
civil
rights
act
even
though
federal
habeas
corpus
statute
clearly
provides
specific
federal
remedy
question
considerable
practical
importance
remedy
civil
rights
act
available
plaintiff
need
first
seek
redress
state
forum
monroe
pape
mcneese
board
education
damico
california
king
smith
houghton
shafer
hand
habeas
corpus
exclusive
federal
remedy
circumstances
plaintiff
seek
intervention
federal
first
sought
denied
relief
state
courts
state
remedy
available
adequate
present
consolidated
case
originated
three
separate
actions
brought
individually
three
respondents
respondent
rodriguez
convicted
new
york
state
perjury
attempted
larceny
sentenced
imprisonment
indeterminate
term
one
four
years
new
york
correction
law
penal
law
prisoner
serving
indeterminate
sentence
may
elect
participate
program
may
earn
days
per
month
credit
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reduction
maximum
term
sentence
rodriguez
elected
participate
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prisoner
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cell
deputy
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district
complaint
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petition
writ
habeas
corpus
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punished
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material
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disclose
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process
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district
held
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civil
rights
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corpus
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rights
claim
supp
therefore
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required
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remedies
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petition
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merits
district
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officials
related
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rodriguez
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order
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elease
penal
custody
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rights
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peinado
adult
authority
dept
corrections
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cert
denied
johnson
walker
cir
said
use
civil
rights
statutes
secure
release
persons
imprisoned
state
courts
thus
effect
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intent
congress
rodriguez
mcginnis
respondent
katzoff
serving
sentence
one
three
years
prison
following
conviction
possession
dangerous
weapon
also
elected
participate
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program
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brought
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prison
officials
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days
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days
unable
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civil
rights
complaint
joined
petition
habeas
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district
alleging
prison
officials
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district
held
unreported
opinion
katzoff
failure
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rights
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serving
prison
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civil
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district
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process
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rodriguez
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en
banc
three
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three
dissents
affirmed
judgments
district
cases
upon
consideration
merits
upon
authority
wilwording
swenson
decided
december
rodriguez
mcginnis
although
eight
judges
wrote
separate
opinions
clear
majority
relied
primarily
opinion
wilwording
case
holding
complaints
state
prisoners
relating
conditions
confinement
cognizable
either
federal
habeas
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rights
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rights
actions
subject
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remedies
granted
certiorari
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nom
oswald
rodriguez
order
consider
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state
prisoners
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prisoner
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prisoner
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noia
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zerbst
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prison
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prisons
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claims
state
prisoners
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us
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habeas
corpus
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pate
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prisoners
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prisoner
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related
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cases
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claims
related
solely
alleged
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challenge
fact
duration
confinement
cases
therefore
merely
establish
action
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prisoner
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fact
length
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cf
humphrey
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corpus
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johnson
avery
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supra
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put
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us
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noia
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corpus
used
alone
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parte
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eng
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noia
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see
rex
clarkson
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eng
ford
ford
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writ
habeas
corpus
shall
suspended
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cases
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public
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confinement
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purposes
federal
habeas
corpus
jones
cunningham
carafas
lavallee
first
time
decided
habeas
corpus
jurisdiction
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term
hensley
municipal
ante
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person
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habeas
corpus
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marked
logical
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corpus
effect
release
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state
respondents
claims
likelihood
heard
habeas
corpus
time
present
habeas
corpus
statute
enacted
time
exhaustion
doctrine
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ex
parte
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based
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years
respondents
habeas
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barred
prematurity
doctrine
precluded
habeas
relief
merely
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length
prisoner
confinement
rather
resulting
immediate
release
rejected
peyton
rowe
note
however
respondent
katzoff
initiated
action
month
alleged
release
date
thus
claim
accepted
entitled
immediate
release
even
date
brought
suit
although
rodriguez
initiated
action
days
alleged
release
date
kritsky
six
months
date
cases
dates
long
passed
time
district
decisions
respondents
thus
entitled
immediate
release
time
event
nature
respondents
suits
attack
legality
physical
confinement
deal
attacks
physical
custody
however
imposed
whether
related
conviction
function
habeas
corpus
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supra
see
supra
dissent
argues
respondents
attacks
actions
prison
administration
different
terms
potential
exacerbating
relations
attacks
made
petitioners
mcneese
board
education
damico
california
monroe
pape
various
state
administrative
actions
thus
said
since
exhaustion
state
remedies
required
cases
anomalous
require
post
answer
course
cases
brought
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statute
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might
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different
congressional
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present
case
however
respondents
actions
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squarely
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traditional
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habeas
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congress
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specific
determination
requiring
exhaustion
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state
remedies
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best
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policies
federalism
section
provides
inmate
file
shall
considered
three
less
two
months
earliest
possible
date
entitled
consideration
parole
conditional
release
date
depends
upon
amount
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behavior
allowance
granted
based
upon
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earned
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allowances
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provides
justice
judge
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writ
habeas
corpus
shall
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application
applicant
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detained
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within
three
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make
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writ
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days
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present
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law
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shall
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prisoner
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proceedings
tend
remove
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questions
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courts
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constitutional
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thereby
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understanding
hospitality
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note
developments
law
habeas
corpus
harv
rev
prisoner
seeks
attack
conditions
confinement
fact
length
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claim
decision
today
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habeas
corpus
attendant
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state
remedies
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way
precludes
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litigating
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claim
relating
conditions
confinement
parties
disagree
original
reason
emergence
concurrent
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remedies
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condition
cases
according
petitioners
parallel
development
reflects
fact
prior
decisions
jones
cunningham
carafas
lavallee
johnson
avery
limits
concept
custody
purposes
habeas
corpus
uncertain
clearest
remedy
prisoners
challenging
conditions
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rights
action
respondents
take
converse
position
habeas
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may
originally
made
available
challenges
remedy
abuses
resurrection
monroe
pape
supra
affirmation
availability
prisoners
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pate
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shafer
justice
brennan
justice
douglas
justice
marshall
join
dissenting
question
presented
case
one
like
appeals
thought
already
resolved
decision
last
term
wilwording
swenson
held
ku
klux
klan
act
confers
jurisdiction
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courts
entertain
state
prisoner
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conditions
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also
humphrey
cady
houghton
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time
held
remedy
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supplementary
state
remedy
latter
need
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invoked
monroe
pape
mcneese
board
education
damico
california
state
prisoners
held
stricter
standard
exhaustion
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rights
plaintiffs
wilwording
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regrettably
today
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analytically
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habeas
corpus
available
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remedy
result
respondents
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set
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swenson
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respondents
three
new
york
state
prisoners
placed
segregation
deprived
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result
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disciplinary
proceedings
respondents
commenced
pro
se
action
district
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district
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york
filing
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rights
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habeas
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action
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prisoner
bound
requirement
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habeas
corpus
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merits
three
cases
district
held
state
correctional
authorities
deprived
respondent
rights
guaranteed
fourteenth
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directed
petitioner
commissioner
correction
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two
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panels
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judgments
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respect
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katzoff
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kritsky
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wilwording
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variously
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ku
klux
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klux
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prisoners
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habeas
corpus
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johnson
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challenge
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ex
parte
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wilwording
swenson
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petitioners
challenged
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penitentiary
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illustrate
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ny
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applies
although
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cf
bonner
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raising
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klux
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cases
upheld
right
prisoners
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humphrey
cady
houghton
shafer
read
today
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rejecting
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lower
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ku
klux
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ii
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today
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district
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judge
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text
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prisoner
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conditions
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jackson
bishop
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hirons
director
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pierce
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religious
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infra
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prisoner
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prisoner
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price
johnston
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suggests
district
courts
follow
practice