Robinson v. Sherrod

Federal 7th Circuit Court
Criminal Court
Habeas Corpus
Citation
Case Number: 
No. 10-2147
Decision Date: 
January 26, 2011
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing without prejudice defendant's habeas petition seeking order requiring prison medical staff to conduct certain diagnostic tests on his back. Habeas was wrong vehicle to address defendant's complaints since habeas cannot be used to challenge conditions of confinement. Moreover, while defendant could not currently file Bivens claim to address his back issues because he had not yet exhausted his administrative remedies, he is free to file said claim once exhaustion of remedies has taken place.