Richard Vannest v. Chase Riveland

Good Law
892 F.2d 1048·1989 WL 155428·1989 U.S. App. LEXIS 18971
United States Court of Appeals for the Ninth CircuitDecember 15, 198988-3678California398 words

Opinion

Opinion

892 F.2d 1048 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard VANNEST, Plaintiff-Appellant, v. Chase RIVELAND, et al., Defendants-Appellees. No. 88-3678. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1989. * Decided Dec. 15, 1989. Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Vannest, a state prisoner, seeks damages, as well as injunctive and declaratory relief, pursuant to 42 USC § 1983 , alleging that defendants acted improperly in various proceedings related to his sentencing and potential parole. These claims all necessitate a determination that Vannest's current incarceration is unconstitutional. The exclusive federal remedy for such a complaint is a writ of habeas corpus. Young v. Kenny, No. 88-3995, slip op at 12605, 12607-09 (9th Cir, Oct 11, 1989). See also Preiser v. Rodriguez, 411 US 475, 500 (1973); Ybarra v. Reno Thunderbird Mobile Home Village, 723 F2d 675, 682 (9th Cir 1984). The district…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.