Idaho Code
Idaho Code

Idaho Code § 19-4212 (2026)

Injunctive relief available to a person not a prisoner. 

✓ current as of May 2026
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Injunctive relief available to a person not a prisoner. 

If a court finds that a person not a prisoner is being illegally restrained, the court may fashion appropriate injunctive relief to cure the illegality, including release.

Notes of Decisions
Cited in 8 cases, 1964–2001 · leading case: Stockwell v. State, 573 P.2d 116 (Idaho 1977).
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Stockwell v. State, 573 P.2d 116 (Idaho 1977). · cites it 4× “I.C. § 19-4212. An appellate court does not sit to guess what the return may have stated.”
Calkins v. May, 545 P.2d 1008 (Idaho 1976). · cites it 4× “' I.C. § 19-4212." Mahaffey v. State, supra .”
Brennan v. State, 841 P.2d 441 (Idaho Ct. App. 1992). · cites it 2× “2d 279, 280 (1964), citing I.C. § 19-4212 and Matter of McLeod, 23 Idaho 257 , 128 P.”
Application of Robison, 695 P.2d 440 (Idaho Ct. App. 1985). · cites it 2× “Robison did not file an Answer to the Return as required by I.C. § 19-4212. By failing to do so appellant did not controvert or deny the material facts set forth in the return.”
Mahaffey v. State, 392 P.2d 279 (Idaho 1964). · cites it 2× “Statutes are usually enacted for this purpose and should be construed so as to promote the effectiveness of the proceeding.”
State v. Doe, 34 P.3d 1110 (Idaho Ct. App. 2001). · cites it 2× “Idaho Code Section 19-4212 addresses injunctive relief available to persons who are not prisoners and states that a court may fashion appropriate injunctive relief to cure the unlawful restraint, including release.”
Bement v. State, 422 P.2d 55 (Idaho 1966). · cites it 2× “I.C. § 19-4212 directs the court, in a habeas corpus proceeding “to dispose of such party [a petitioner] as the justice of the case may require.”
Abercrombie v. State, 428 P.2d 505 (Idaho 1967). · cites it 4× “§ 19-4201; I.C. § 19-4212, which provides that at a hearing on return of a writ of habeas corpus, "The court or judge must thereupon proceed, in a summary way, to hear such proof as may be produced * * * and to dispose of such party as the justice of the case may require * * *";…”
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