Wednesday, December 15, 2004

AEDPA Limits Challenges to Prison Discipline

Shelby v. Bartlett, No. 03-35847 (12-13-04). The 9th holds that AEDPA's one year statute of limitations period applies to petitions challenging prison administrative disciplinary decisions. The language of 2244 concerning "custody pursuant to the judgment of a State court" covers administrative decisions as well. The 9th joins the 2nd, 4th, and 5th circuits on this issue, but is contrary to the 7th Cir., which distinguished the two in Cox v. McBride, 279F.3d 492 (7th Cir. 2002). The 9th's reasoning is that the plain language of the statute should cover both situations, follows statutory construction, and thatit follows the intent of AEDPA to limit stale litigation. Summary by Jon Sands.


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