Upshaw v. Robertson

Background

Andre Upshaw, a state prisoner incarcerated at Pelican Bay State Prison, filed a petition asking the court to grant habeas relief. He is serving a life-without-parole sentence. He alleged that prison officials violated his constitutional rights by finding him guilty of battery on a non-inmate causing serious bodily harm and assigning him to the Secured Housing Unit for 30 months.

Court’s Analysis

The court held that it lacked jurisdiction to consider the claims through a habeas petition because the claims challenged the conditions of Upshaw’s confinement, not the fact of his conviction or the length of his sentence. The court explained that habeas proceedings address challenges to the validity or duration of confinement, while a civil-rights lawsuit under 42 U.S.C. § 1983 is the proper vehicle for claims about prison conditions when success would not necessarily shorten the prisoner’s sentence.

Because Upshaw is serving life without parole, success on these claims would not result in his release or shorten his time in prison. The court also declined to convert the habeas petition into a civil-rights complaint. It explained that the forms require different information, and the habeas petition might omit intended defendants, fail to connect each defendant to particular claims, or lack an adequate request for relief. The court additionally noted differences involving jury trials, exhaustion requirements, the proper respondent, and available damages.

Disposition

The court dismissed Upshaw’s habeas action without prejudice to his filing a civil-rights action under 42 U.S.C. § 1983. The clerk was ordered to include two copies of the civil-rights complaint form with the order. Judge Haywood S. Gilliam, Jr. signed the order.