Lisa A. White


In Wilkinson v. Dotson,l the U.S. Supreme Court explored the "jurisdictional periphery of habeas corpus' and re-examined 42 U.S.C. § 1983 as a mechanism to challenge incarceration procedures. The issue before the Court was whether prisoners may seek declaratory and injunctive relief for alleged unconstitutional parole procedures through a § 1983 challenge or "whether they must instead seek relief exclusively under the federal habeas corpus statutes." In Wilkinson, two Ohio prisoners individually brought § 1983 claims against the Ohio Department of Rehabilitation and Corrections for violating their civil rights during parole considerations. In each case, the district court held that "the prisoner would have to seek relief through a habeas corpus suit." After the consolidation and reversal of the cases by the Sixth Circuit, the State of Ohio petitioned the Supreme Court for certiorari.

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