The following excerpt is from Jones v. Pitchess, 469 F.2d 678 (9th Cir. 1972):
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Notes:
1 In so far as this court might be said to have jurisdiction because part of the district court's order denied injunctive relief from a "continuing false imprisonment," it is clear that release from custody is not available in a civil rights action. Peinado v. Adult Authority, 405 F.2d 1185 (9th Cir. 1969). The complaint alleges no exhaustion of state remedies and therefore the action could not be considered as one brought for a writ of habeas corpus. 28 U.S.C. 2254(b).
Notes:
1 In so far as this court might be said to have jurisdiction because part of the district court's order denied injunctive relief from a "continuing false imprisonment," it is clear that release from custody is not available in a civil rights action. Peinado v. Adult Authority, 405 F.2d 1185 (9th Cir. 1969). The complaint alleges no exhaustion of state remedies and therefore the action could not be considered as one brought for a writ of habeas corpus. 28 U.S.C. 2254(b).
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