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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-6188
- --------
- ROY HECK v. JAMES HUMPHREY et al.
- on writ of certiorari to the united states court
- of appeals for the seventh circuit
- [June 24, 1994]
-
- Justice Thomas, concurring.
- The Court and Justice Souter correctly begin their
- analyses with the realization that -[t]his case lies at the
- intersection of . . . the Civil Rights Act of 1871, Rev.
- Stat. 1979, as amended, 42 U. S. C. 1983, and the
- federal habeas corpus statute, 28 U. S. C. 2254.- Ante,
- at 3; post, at 1. One need only read the respective
- opinions in this case to understand the difficulty of the
- task before the Court today. Both the Court and
- Justice Souter embark on a similar enterprise-har-
- monizing -[t]he broad language of 1983,- a -general-
- statute, with -the specific federal habeas corpus statute.-
- Preiser v. Rodriguez, 411 U. S. 475, 489 (1973).
- I write separately to note that it is we who have put
- 1983 and the habeas statute on what Justice Souter
- appropriately terms a -collision course.- Post, at 1. It
- has long been recognized that we have expanded the
- prerogative writ of habeas corpus and 1983 far beyond
- the limited scope either was originally intended to have.
- Cf., e. g., Wright v. West, 505 U. S. ___, ___ (1992)
- (opinion of Thomas, J.) (habeas); Golden State Tran-
- sit Corp. v. Los Angeles, 493 U. S. 103, 117 (1989)
- (Kennedy, J., dissenting) (1983). Expanding the two
- historic statutes brought them squarely into conflict in
- the context of suits by state prisoners, as we made clear
- in Preiser.
- Given that the Court created the tension between the
- two statutes, it is proper for the Court to devise limita-
- tions aimed at ameliorating the conflict, provided that it
- does so in a principled fashion. Cf. Malley v. Briggs,
- 475 U. S. 335, 342 (1986). Because the Court today
- limits the scope of 1983 in a manner consistent both
- with the federalism concerns undergirding the explicit
- exhaustion requirement of the habeas statute, post, at 6,
- and with the state of the common law at the time 1983
- was enacted, ante, at 7-9, I join the Court's opinion.
-