May 12, 2026·2:24-cv-02905-TLN-AC·Unpublished·By Aisha Johnson
The Ninth Circuit affirmed the dismissal of a prisoner's civil rights action challenging his continued incarceration. The court held that such challenges must be brought through a habeas corpus proceeding rather than a Section nineteen eighty-three lawsuit.
Gregory Scott Van Huisen, a California state prisoner, filed a pro se Section nineteen eighty-three action challenging his continued incarceration. The district court dismissed the action, and Van Huisen appealed.
The court’s reasoning
The court reviewed the dismissal de novo and affirmed. It held that because Van Huisen sought to challenge the fact or duration of his confinement, he was required to seek relief through a habeas corpus proceeding. The court cited Wilkinson v. Dotson to explain that a prisoner in state custody cannot use a Section nineteen eighty-three action for such challenges.
What it means going forward
Prisoners must file habeas corpus petitions to challenge the fact or duration of their confinement rather than filing civil rights lawsuits under Section nineteen eighty-three.
