Jaske v. Hanks

U.S. Court of Appeals for the Seventh Circuit
Jaske v. Hanks, 27 F. App'x 622 (7th Cir. 2001)

Jaske v. Hanks

Opinion of the Court

ORDER

Indiana prisoner Roger Jaske was convicted of homicide in a prison disciplinary proceeding and sentenced to three years’ disciplinary segregation. Mr. Jaske challenged the determination under 28 U.S.C. § 2254, and the district court dismissed his petition. Because disciplinary segregation affects the severity rather than the duration of custody, Mr. Jaske’s petition was improperly brought under § 2254. See Montgomery v. Anderson, 262 F.3d 641, 643-44 (7th Cir. 2001). See also Walker v. O’Brien, 216 F.3d 626, 630 n. 3 (7th Cir. 2000) (expressing doubt that habeas corpus is appropriate procedure for challenging segregation); Moran v. Sondalle, 218 F.3d 647, 650-51 (7th Cir. 2000) (state prisoners challenging administrative segregation must use § 1983, not § 2254); Sylvester v. Hanks, 140 F.3d 713, 714 (7th Cir. 1998) (expressing doubt that challenge to 3 years’ disciplinary segregation should proceed under § 2254). Accordingly, we AFFIRM the judgment of the district court.

Reference

Full Case Name
Roger JASKE v. Craig A. HANKS
Cited By
3 cases
Status
Published