Where a person is deprived of certain rights by penal authorities after he has been imprisoned pursuant to a valid trial and sentencing, what remedies are available to him to obtain judicial relief? An increasing number of recent cases have suggested a variety of answers, depending partly upon (1) whether the prisoner shows infringement of constitutional or merely non-constitutional rights, and (2) the type of remedy sought. The decisions may further be classified according to the different grounds for relief raised by prisoners in these situations.
1. Discriminatory denial of access to the courts.
2. Infliction of "cruel and unusual" punishment. Included with these cases should be those where a prisoners shows general un authorized mistreatment, not serious enough to merit the charge of being "cruel and unusual."
3. Refusal to release a prisoner who has completed serving a valid sentence.
4. Improper transfer of the prisoner from one penal institution to another.
5. Unwarranted revocation of parole, made without notice and hearing.
6. Refusal to release one committed to an institution for the insane who has regained his sanity.
I. Habeas Corpus. … A. Constitutional Grounds ... B. Non-Constitutional Grounds.
II. Coram Nobis.
III. Miscellaneous Remedies … A. Injunction and Mandamus … B. Suit for Damages … C. Contempt.
Jerrold L. Strashiem and Donn E. Davis,
Habeas Corpus — Coram Nobis — Remedies Available to Validly Sentenced Prisoners Who Are Mistreated by State Penal Authorities,
33 Neb. L. Rev. 434
Available at: https://digitalcommons.unl.edu/nlr/vol33/iss3/7