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Wilwording v. Swenson, 404 U.S. 249 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wilwording v. Swenson, 404 U.S. 249 (1971)
Wilwording v. Swenson No. 70-5308 Decided December 14, 1971 404 U.S. 249
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Syllabus
Petitioners’ complaints relating to the condition of their confinement were held by the Missouri courts not to be cognizable by means of a petition for habeas corpus. The Court of Appeals affirmed the District Court’s subsequent dismissal of the habeas petitions on the ground that 28 U.S.C. § 2254 had not been satisfied because other types of state remedies might be available.
Held:
1. Section 2254 does not require petitioners to pursue alternative courses suggested by the Court of Appeals, since their availability was conjectural and, regardless of the remedy invoked, the state courts have not granted a hearing to state prisoners on the conditions of their confinement.
2. Petitioners were entitled to have their actions treated as claims for relief under the Civil Rights Acts, to which exhaustion requirements do not apply.
Certiorari granted; 439 F.2d 1331, reversed and remanded.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Wilwording v. Swenson, 404 U.S. 249 (1971) in 404 U.S. 249 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=VBND1MXIRJDP63N.
MLA:
U.S. Supreme Court. "Syllabus." Wilwording v. Swenson, 404 U.S. 249 (1971), in 404 U.S. 249, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=VBND1MXIRJDP63N.
Harvard:
U.S. Supreme Court, 'Syllabus' in Wilwording v. Swenson, 404 U.S. 249 (1971). cited in 1971, 404 U.S. 249. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=VBND1MXIRJDP63N.
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