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Consolidated Habeas and Section 1983

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  • 09-26-2010, 09:01 PM
    ozmentra
    Consolidated Habeas and Section 1983
    My question involves criminal law for the state of: nevada.

    Is it possible to initiate and consolidate a section 1983 and a habeas in a single action. Please cite an authority to follow.
    Consider a circumstance where a Parole Board commits constitutional violations and a number of injunctions are requested such as ordering the Board to cease gender discrimination, defamation, and a release on parole. Parole release is a habeas matter while the others are appropriate a section 1983
  • 09-27-2010, 10:51 AM
    BOR
    Re: Consolidated Habeas and Section 1983
    You can have Joint counts in a suit yes.

    There is no parole on the federal level, so I assume it is a state charge.

    Are you talking a state HC Petition? A federal HC Petition can only be filed after state remedies are exhausted if a person is still held in custody and the claim is a federal right has been violated, such as the 4, 5, or 6, AM's etc.


    1983 Actions can be tried in state court, as they are not divested of federal claims per se, but the mix of law is complicated, an attorney needs to be consulted.
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