Johnson v. The People

Background

Paul Samuel Johnson filed a petition seeking federal review of his custody under 28 U.S.C. § 2254. The petition stated that he was being held for alleged domestic-violence and probation violations and clearly indicated that he was awaiting trial. Johnson also filed motions asking to proceed without paying the filing fee.

The petition’s allegations were difficult to decipher. The court noted that, to the extent Johnson sought to challenge his conditions of confinement, such claims might in some circumstances be brought as a civil-rights action rather than a custody petition. The court declined to convert this filing into a civil-rights complaint, in part because doing so would expose Johnson to different filing-fee requirements and possible consequences under the Prison Litigation Reform Act.

Court’s Analysis

The court explained that it could consider a federal custody petition from a person who had not yet been convicted or sentenced. But principles requiring respect for state courts and state criminal proceedings generally prevent a federal court from hearing a pretrial challenge unless the petitioner has both exhausted available state judicial remedies and shown special circumstances warranting federal intervention.

The court found that Johnson had not shown special circumstances, such as proven harassment, a bad-faith prosecution, or another extraordinary circumstance involving irreparable injury. It stated that his alleged constitutional violations could and should first be addressed by the state trial court and then by the state appellate courts. The court also stated that Johnson should not file a new federal custody petition unless and until he was convicted, completed his direct appeal and state post-conviction proceedings, and gave the state’s highest court a fair opportunity to rule on each claim.

Disposition

The court granted Johnson’s motions for leave to proceed without paying the filing fee. It dismissed the petition without prejudice because state proceedings had not concluded and state remedies had not been exhausted. It also dismissed without prejudice any conditions-of-confinement claims, leaving Johnson free to file a civil-rights action if he chose to do so. The clerk was ordered to send Johnson a blank civil-rights complaint form and a copy of the order, terminate the pending motions, and close the case. Judge Yvonne Gonzalez Rogers signed the order.