The following excerpt is from Daniels v. Watson, CASE NO. 1:09-cv-02033-MJS (PC) (E.D. Cal. 2011):
When a state prisoner seeks monetary or declaratory relief alleging constitutional violations that would necessarily imply the invalidity of his or her conviction or sentence, and cannot establish that the underlying conviction or sentence has been invalidated, the sole federal remedy is a writ of habeas corpus, not a civil rights action. See Preiser v.
Page 4
Rodriguez, 411 U.S. 475, 500 (1973) ("[W]hen a state prisoner is challenging the very fact or duration of his physical imprisonment, . . . his sole federal remedy is a writ of habeas corpus."); Edwards v. Balisok, 520 U.S. 641, 646 (1997); 28 U.S.C. 2254.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.