EDELMAN, DIRECTOR, DEPARTMENT OF PUBLIC AID OF ILLINOIS
v.
TOWNSEND ET AL.

U.S. | 1973-05-29
No. 72-1302
412 U.S. 914 Supreme Court of the United States (1973) Positive Treatment
Cited by 2 cases

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  • Guerro v. Mulhearn, 498 F.2d 1249 (1st Cir. 1974)
    …g question: “Whether, in light of Preiser v. Rodriguez, 411 U.S. 475 [93 S.Ct. 1827, 36 L.Ed.2d 439] (1973) and Gibson v. Berryhill, 411 U.S. 564 [93 S.Ct. 1689, 36 L.Ed.2d 488] (1973) and Gomez v. Miller,2 341 F.Supp. 323 (S.D.N.Y.1972), affirmed, 412 U.S. 914 [93 S.Ct. 2728, 37 L.Ed.2d 141] (1973), a state prisoner, in a § 1983 suit for damages brought during the pendency of a state appeal or other state proceeding for review of conviction, based on constitutional claims which are or could also be raised…
  • Hartmann v. Scott, 488 F.2d 1215 (8th Cir. 1973)
    …o the party injured in an action at law, suit in equity, or other proper proceeding for redress. . Gomez v. Miller, 341 F.Supp. 323 (S.D.N. Y.1972), decided before Preiser, has, subsequent to Preiser, been affirmed without opinion. Miller v. Gomez, 412 U.S. 914, 93 S.Ct. 2728, 37 L.Ed.2d 141 (May 29, 1973). In that case, a three-judge court held that a person indicted but neither tried nor convicted of a felony may challenge in a § 1983 action the constitutionality of a statute under which he was committed…

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