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WILKINSON v. DOTSON

No. 03-287.

544 U.S. 74 (2005)

125 S.Ct. 1242

161 L.Ed.2d 253

WILKINSON, DIRECTOR, OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, ET AL. v. DOTSON ET AL.

Supreme Court of United States.

Decided March 7, 2005.

Attorney(s) appearing for the Case

Douglas R. Cole, State Solicitor of Ohio, argued the cause for petitioners. With him on the briefs were Jim Petro, Attorney General, Stephen P. Carney, Senior Deputy Solicitor, and Todd R. Marti, Assistant Solicitor.

John Q. Lewis argued the cause for respondent Johnson. With him on the brief were Donald B. Ayer, William K. Shirey II, and David L. Shapiro.

Alan E. Untereiner argued the cause and filed a brief for respondent Dotson.*

JUSTICE BREYER delivered the opinion of the Court.

Two state prisoners brought an action under 42 U.S.C. § 1983 claiming that Ohio's state parole procedures violate the Federal Constitution. The prisoners seek declaratory and injunctive relief. The question before us is whether they may bring such an action under Rev. Stat. § 1979, 42 U.S.C. § 1983, the Civil Rights Act of 1871, or whether they must instead seek relief exclusively under the federal...

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