Can a petition for a writ of habeas corpus be treated as a class action?

Nor can we agree that a petition for a writ of habeas corpus can never be treated as a class action. Certainly the usual habeas corpus case relates only to the individual petitioner and to his

[464 F.2d 1113]

unique problem. But there can be cases, and this is one of them, where the relief sought can be of immediate benefit to a large and amorphous group. In such cases, it has been held that a class action may be appropriate. Inmates of Attica Correctional Facility v. Rockefeller, 2 Cir., 1971, 453 F.2d 12, 24.

[464 F.2d 1113]

Moreover, the objections to a class action that rest upon the unique character of habeas corpus are not applicable to an action under 28 U.S.C. 1361, any more than they are to an action for comparable relief under the Civil Rights Act. Cf. Jackson v. Bishop, supra, 404 F.2d at 573.