Lindsey v. Neal

Plaintiff filed a lawsuit seeking federal habeas relief after his petition for post-conviction relief languished in state court for six years. Plaintiff’s lawsuit argued that while he had not fully exhausted state court remedies, those remedies were ineffective, which allowed him to proceed under an exception to the exhaustion requirement contained in 28 U.S.C. § 2254(b)(1). The district court dismissed defendant’s action. The Seventh Circuit vacated and remanded, agreeing that he had met the requirements for the exception to the exhaustion requirement. (HAMILTON and LEE, concurring)