Monday, December 17, 2012

Seventh Circuit -- Brian Burd v. Gail Sessler


No basis for a S1983 damages claim for lack of access to the prison library absent proof that the underlying appeal was likely to succeed.

Such claim is barred even where no collateral relief is possible if the petitioner earlier had the option of seeking collateral relief and decided not to.


Brian Burd v. Gail Sessler
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.