Herschel Clark v. Matthew Carberry, 446 F.2d 647 (9th Cir. 1971). · Go Syfert
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Herschel Clark v. Matthew Carberry, 446 F.2d 647 (9th Cir. 1971). Cases Citing This Book View Copy Cite
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Herschel CLARK, Appellant,
v.
Matthew CARBERRY Et Al., Appellee
71-1071_1.
Court of Appeals for the Ninth Circuit.
Jul 29, 1971.
Published opinion
446 F.2d 647
1971 U.S. App. LEXIS 8714
Herschel Clark, in pro. per., James C. Purcell, Thomas M. O’Con-nor, City Atty., San Francisco, Cal., for appellee.
Merrill, Koelsch, Choy.
Published
PER CURIAM.

The district court dismissed plaintiff’s action on the grounds that the issues tendered in the complaint were ones which “should be raised by habeas corpus and not through the invocation of the federal civil rights statutes.” Plaintiff has appealed.

Although plaintiff is a prisoner representing himself, his complaint contains allegations which unmistakably show that the sole relief he seeks is money damages, not habeas corpus. The two remedies are not, as the court below erroneously concluded, mutually exclusive.

The judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.