Can a habeas petition be dismissed on constitutional grounds?
The following excerpt is from U.S. ex rel. Johnson v. Chairman of New York State Bd. of Parole, 500 F.2d 925 (2nd Cir. 1974):
Appellants do not seriously question the district court's treatment of the habeas petition as a suit for injunctive relief under 42 U.S.C. 1983. They contend, however, that our decision in Menechino v. Oswald, 430 F.2d 403 (2d Cir. 1970), cert. denied, 400 U.S. 1023, 91 S.Ct. 588, 27 L.Ed.2d 635 (1971), which upheld dismissal of a prisoner's complaint challenging parole release proceedings on constitutional grounds, mandates dismissal of the petition in this case. We disagree.
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