Parisi v. Davidson, 405 U.S. 34 (1972)

CERTIORARI TO THE UNITED STATE COURT OF APPEAL

FOR THE NINTH CIRCUIT

Syllabus

Petitioner, a member of the armed forces, applied unsuccessfully for discharge as a conscientious objector. After he had exhausted all his administrative remedies, he filed a habeas corpus petition in Federal District Court, claiming that the Army’s denial of his application was without basis in fact. Thereafter court-martial charges were brought against him, and the District Court ordered consideration of the petition deferred until final determination of the court-martial proceedings. The Court of Appeals affirmed.

Held: The District Court should not have stayed its hand in this case. Pp. 37-45.

(a) All alternative administrative remedies have been exhausted by petitioner. Pp. 37-39.

(b) Since the military judicial system, in its processing of the court-martial charge, could not provide the discharge sought by petitioner with promptness and certainty, the District Court should proceed to determine the habeas corpus claim despite the pendency of the court-martial proceedings. Pp. 395.

435 F.2d 299, reversed.

STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed an opinion concurring in the result, post, p. 46. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.