United States District Court, D. Columbia
December 6, 2005.
LOU PATTON-BEY, Plaintiff,
FEDERAL BUREAU OF PRISONS, et al., Defendants.
The opinion of the court was delivered by: JAMES ROBERTSON, District Judge
In this action brought under the Privacy Act, 5 U.S.C. § 552a,
plaintiff accuses the Bureau of Prisons of providing "an
incomplete, erroneous progress report" to the United States
Parole Commission. Complaint at 3. He accuses the Parole
Commission of unlawfully relying on the report in "render[ing] an
adverse determination to retard/rescind [his] . . . parole
release date" of December 16, 2003. Id. Plaintiff seeks
monetary damages and his release from incarceration. Defendants
move to dismiss or for summary judgment.
In order to recover damages under the Privacy Act, plaintiff
must first invalidate the challenged portion of the sentence.
This he cannot do except through a writ of habeas corpus. See
White v. United States Probation Office, 148 F.3d 1124, 1126
(D.C. Cir. 1998) (applying Heck v. Humphrey, 512 U.S. 477
(1994)). The writ of habeas corpus also is the exclusive remedy
for seeking release from custody. Preiser v. Rodriguez,
411 U.S. 475, 500 (1973). Defendants' motion to dismiss is granted
for failure to state a claim upon which relief may be granted. A
separate Order accompanies this Memorandum.
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