Docket No.: 03-6821 Topics:
Argued: March 29, 2004
Decided: May 24, 2004
Reconstruction Civil Rights Acts (42 USC 1983), Civil Rights, Civil Rights Acts, Liability, EPA, Eighth Amendment, Equal Protection Clause, Miranda, Section 1983, Title VII, capital murder, equitable relief, habeas, habeas corpus, harmless error, jury selection, murder, preliminary injunction, probable cause, racial discrimination, search and seizure
PartyNames: David L. Nelson v. Donal Campbell, Commissioner, Alabama Department of Corrections, et al.
Petitioner: David L. Nelson
Respondent: Donal Campbell, Commissioner, Alabama Department of Corrections, et al.
Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: CA 11, 347 F.3d 910 QUESTIONS PRESENTED: 1. Whether an action brought by a death-sentenced prisoner pursuant to 42U.S.C. § 1983, which does not attack a conviction or sentence, is - simply because the person is under a sentence of death - to be treated as a habeascorpus case subject to the restriction on successive petitions which categorically precludes review of any constitutional violation not related to innocence (as the Fourth, Fifth and El eventh Circuits hold), or can be maintained as § 1983 action (as the Sixth, Eighth and Ninth Circuits andseveral lower courts hold)?
Supreme Court Docket