Harris v. Hasse

U.S. Court of Appeals for the Seventh Circuit
Harris v. Hasse, 555 F. App'x 600 (7th Cir. 2014)

Harris v. Hasse

Opinion of the Court

ORDER

In this suit under 42 U.S.C. § 1983, Jeffrey Harris alleges that his probation officer violated his constitutional rights by forcing him, under threat of imprisonment, to accept an extension of his probation without a hearing. Harris seeks an order staying “the execution of arrest warrant, and mandatory appearances.” The district court dismissed the suit at screening without prejudice. 28 U.S.C. § 1915(e)(2).

We agree with the district court that Harris chose the wrong vehicle to challenge the extension of his probation. Probation is a form of custody, Minnesota v. Murphy, 465 U.S. 420, 430, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984); Drollinger v. Milligan, 552 F.2d 1220, 1224 (7th Cir. 1977), and § 1983 cannot be used to attack the fact or length of custody, Preiser v. Rodriguez, 411 U.S. 475, 489-90, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973); Williams v. Wisconsin, 336 F.3d 576, 579-80 (7th Cir. 2003). Instead, Harris may pursue his grievance only in a collateral action after exhausting his available state remedies. See 28 U.S.C. § 2254; Williams, 336 F.3d at 579-80; Drollinger, 552 F.2d at 1224-25.

AFFIRMED.

Reference

Full Case Name
Jeffrey HARRIS v. Adame HASSE
Status
Published