Herbert M. Crawford v. Griffin Bell, Attorney General of the United States

Herbert M. Crawford appeals from the dismissal of his combined civil rights complaint .and petition for a writ of habeas corpus challenging certain conditions at McNeil Island penitentiary. The issues raised by this appeal are: (1) whether dismissal of a habeas corpus petition is proper when the petitioner has not challenged the legality of his custody; and (2) whether dismissal of a litigant’s claims is proper on the grounds the individual is a class member in a pending action involving the same parties and allegations and praying for the same relief.

We affirm the district court’s dismissal of the petition for a writ of habeas corpus and those portions of appellant’s complaint which duplicate the pending class action. We reverse, however, with regard to the dismissal of those portions of the complaint which raise issues not covered by the class action.

I.

Appellant, Herbert M. Crawford, is an inmate incarcerated at the McNeil Island federal penitentiary. On December 29, 1977 he filed a combined civil rights action and petition for a writ of habeas corpus challenging conditions at the prison. Appellant’s complaint/petition was copied from a class action complaint/petition…