SPINA v. AARON

No. 86-1407 Summary Calendar.

821 F.2d 1126 (1987)

Alan James SPINA, Plaintiff-Appellant, v. C.L. AARON, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 17, 1987.


Attorney(s) appearing for the Case

Alan James Spina, pro se.

Mattie Peterson Compton, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., for defendants-appellees.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Because the decision in this Bivens-type suit by a prisoner against federal prison officials for an isolated constitutional tort may affect the fact or duration of the prisoner's confinement, we hold that the action cannot proceed, even as to claims for damages, until the prisoner exhausts the remedy available by habeas corpus proceedings.

Alan James Spina, an inmate incarcerated in the Western District of Texas, filed...

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