DNA testing: District
Attorney’s Office for Third Judicial Dist. v. Osborne, 557 U. S.
___, ___, left unresolved the question whether a convicted state prisoner
seeking DNA testing of crime-scene evidence may assert that claim in a civil
rights action under 42 U. S. C. §1983 or may assert the claim in federal court
only in a petition for a writ of habeas corpus under 28 U. S. C. §2254; Texas
enacted Article 64, which allows prisoners to gain postconviction DNA testing
in limited circumstances; the Magistrate Judge recommended dismissal of the
complaint for failure to state a claim, reasoning that postconviction requests
for DNA evidence are cognizable only in habeas corpus, not under §1983.
Adopting that recommendation, the District Court dismissed Skinner’s suit. The
Fifth Circuit affirmed.
Held: There is federal-court subject-matter
jurisdiction over Skinner’s complaint, and the claim he presses is cognizable
under §1983; a statute or rule governing the decision may be challenged in a
federal action. See, e.g., Feldman, 460 U. S., at 487. Because Skinner’s
federal case—which challenges not the adverse state-court decisions but the
Texas statute they authoritatively construed—falls within the latter category,
there was no lack of subject-matter jurisdiction over his federal suit; measured
against this Court’s prior holdings, Skinner has properly invoked §1983. This
Court has several times considered when a state prisoner, complaining of
unconstitutional state action, may pursue a civil
rights claim under §1983, and when habeas corpus is the prisoner’s sole remedy (U.S.S.Ct., 07.03.11, Skinner v.
Switzer, J. Ginsburg).
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