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Bowen v. Warden

Supreme Court of Nevada
Aug 24, 1984
100 Nev. 489 (Nev. 1984)

Summary

holding that challenges to conditions of confinement cannot be raised in a habeas corpus petition

Summary of this case from Kerkorian v. Sisolak

Opinion

No. 15240

August 24, 1984

Appeal from order dismissing post-conviction petition for writ of habeas corpus, First Judicial District Court, Carson City; Michael E. Fondi, Judge.

Thomas E. Perkins, State Public Defender, and Norman Y. Herring, Special Deputy State Public Defender, Carson City, for Appellant.

Brian McKay, Attorney General, and Brooke A. Neilsen, Deputy Attorney General, Carson City, for Respondent.


OPINION


Inmate Wayne L. Bowen appeals from an order of the district court dismissing his post-conviction petition for a writ of habeas corpus. The petition challenged the constitutionality of a prison disciplinary proceeding which resulted in Bowen's being removed from the general prison population and placed in punitive segregation. The district court dismissed the petition on the ground that the challenge to punitive segregation spoke only to the conditions and not the validity of Bowen's confinement, and thus did not raise a claim for relief cognizable on habeas corpus. We agree and affirm.

We have repeatedly held that a petition for writ of habeas corpus may challenge the validity of current confinement, but not the conditions thereof. See Director, Dep't Prisons v. Arndt, 98 Nev. 84, 640 P.2d 1318 (1982); Rogers v. Warden, 84 Nev. 539, 445 P.2d 28 (1968); Rainsberger v. Leypoldt, 77 Nev. 399, 365 P.2d 489 (1961), cert. denied, 368 U.S. 516 (1962). In Rogers, we held that a claim of brutal treatment at the hands of prison officials was not cognizable on a habeas petition, because the claim spoke to the conditions and not the validity of confinement. In Arndt, we left open the specific question raised by this appeal, whether the imposition of a qualitatively more restrictive type of confinement within the prison, such as punitive segregation, may be challenged by a petition for writ of habeas corpus. We now hold that such a challenge speaks only to the conditions of confinement and therefore may not be raised by a habeas corpus petition. See Rogers v. Warden, supra.

The district court correctly ruled that the instant claim for relief was not cognizable in a habeas corpus proceeding. The order dismissing the petition is affirmed.

We need not reach appellant's ancillary claims that the disciplinary proceeding led to a loss of work time credit and to a subsequent denial of parole. Since the district court found no evidentiary basis for either claim, we need not decide the issue of whether these claims for relief were themselves properly raised in a habeas proceeding.


Summaries of

Bowen v. Warden

Supreme Court of Nevada
Aug 24, 1984
100 Nev. 489 (Nev. 1984)

holding that challenges to conditions of confinement cannot be raised in a habeas corpus petition

Summary of this case from Kerkorian v. Sisolak

holding that placement in punitive segregation is a condition of confinement and thus not cognizable in a post-conviction habeas petition

Summary of this case from Traschetti v. State

stating that a petitioner may not challenge the conditions of confinement in a petition for a writ of habeas corpus

Summary of this case from Dotson v. State

noting that our supreme court has "repeatedly held that a petition for writ of habeas corpus may challenge the validity of current confinement, but not the conditions thereof"

Summary of this case from Chernetsky v. Olsen
Case details for

Bowen v. Warden

Case Details

Full title:WAYNE L. BOWEN, APPELLANT, v. WARDEN OF THE NEVADA STATE PRISON, RESPONDENT

Court:Supreme Court of Nevada

Date published: Aug 24, 1984

Citations

100 Nev. 489 (Nev. 1984)
686 P.2d 250

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