OTTO HILLEN, PLAINTIFF-APPELLANT,
v.
DIRECTOR OF DEPARTMENT OF SOCIAL SERVICE AND HOUSING, ET AL., DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A transfer of a state prisoner to another state prison pursuant to the Western Interstate Corrections Compact does not implicate federally protected constitutional rights.
A state prisoner challenged his transfer from a Hawaii prison to a California prison. The district court dismissed the action for failure to exhaust s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Civil Rights Act cases and more on FLexlaw
PER CURIAM:
Hillen, a state prisoner, filed a civil rights complaint challenging the action of his jailers in transferring him from a Hawaii state prison to California’s Folsom State Prison. against his will. We affirm the district court’s dismissal of the action.
The district court gave two reasons in support of its dismissal: (1) Hillen had not exhausted state remedies, and (2) Hillen’s complaint failed to state a claim upon which the court could grant relief.
The lower court’s invocation of the exhaustion doctrine was misplaced. The remedy provided by the Civil Rights Acts “is supplementary to the state remedy, and the latter need not be first sought and refused before the federal one is invoked.” Monroe v. Pape, 365 U.S. 167, 183, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). State prisoners, as with other civil rights plaintiffs, are not required to exhaust state procedures before seeking federal relief. Wilwording v. Swenson, 404 U.S. 249, 92 S.Ct. 407, 30 L.Ed.2d 418 (1971).
The jail authorities transferred Hillen pursuant to the Western Interstate Corrections Compact, 20 Haw.Rev. Stat. § 355-1. We agree with the district court’s view that such a transfer presents no issue related to federally protected constitutional rights of the prisoner. The judgment of the district court is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Meachum v. Fano, 427 U.S. 215 (U.S. 1976)
-
Olim v. Wakinekona, 461 U.S. 238 (U.S. 1983)
-
Gomes v. Travisono, 490 F.2d 1209 (1st Cir. 1973)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Monroe v. Pape, 365 U.S. 167 (U.S. 1961)
- Wilwording v. Swenson, 404 U.S. 249 (U.S. 1971)