LAW.coLAW.co

BROWN v. BLANCKENSEE (2021)

United States Court of Appeals, Ninth Circuit.2021-08-24No. No. 20-15750

Summary

Holding. The court affirmed the district court's dismissal of Brown's habeas corpus petition, concluding that claims arising from alleged civil rights violations by prison officials must be brought as Bivens actions rather than habeas petitions.

Brian Brown, a federal prisoner, filed a habeas corpus petition under 28 U.S.C. § 2241 claiming that prison officials violated his due process rights and First Amendment protections by seizing his legal documents, medical records, and religious materials, and by blocking his access to administrative remedies. The district court dismissed the petition, and Brown appealed pro se. The appellate court determined that habeas corpus is the wrong legal vehicle for Brown's claims because they challenge civil rights violations by prison officials rather than the legality of his sentence or confinement itself.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether habeas corpus jurisdiction extends to civil rights claims by federal prisoners
  • Proper forum for challenging alleged seizure of prisoner property and documents
  • Whether interference with administrative remedies and access to courts justifies habeas relief

Procedural posture

A federal prisoner appealed pro se from the district court's dismissal of his § 2241 habeas corpus petition.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Federal prisoner Brian L. Brown appeals pro se from the district courts judgment dismissing his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291. Reviewing de novo, see Alaimalo v. United States, 645 F.3d 1042, 1047 (9th Cir. 2011), we affirm.

Brown contends that the Bureau of Prisons violated his right to due process and his First Amendment rights of access to the courts and to his legal property by seizing his property, including legal documents, medical records, and religious documents, and by interfering with his efforts to seek administrative remedies. As the district court correctly concluded, the appropriate remedy for these claims lies in a civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), rather than a § 2241 petition. See Tucker v. Carlson, 925 F.2d 330, 332 (9th Cir. 1991) (federal prisoner asserting civil rights violation must file a Bivens action rather than a § 2241 petition); see also Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000) (a § 2241 petition is limited to challenges to “the manner, location, or conditions of a sentences execution”). Even if, as Brown contends, the alleged seizure of his property and interference with his administrative remedies constituted a disciplinary action, that action did not subject him to greater restrictions of his liberty sufficient to invoke habeas jurisdiction. See Bostic v. Carlson, 884 F.2d 1267, 1269 (9th Cir. 1989), overruled on other grounds by Nettles v. Grounds, 830 F.3d 922 (9th Cir. 2016).

Browns “Motion for Arrest of Clerks Judgment” is denied as moot; Browns opening brief was timely filed and has been considered by the court.

AFFIRMED.