Wilkinson v. Dotson — Kennedy, J., Dissenting

Summary

Justice Kennedy dissents, arguing that challenges to parole determinations must be brought in habeas corpus under Preiser v. Rodriguez rather than under 42 U.S.C. § 1983. He contends the majority's reasoning is inconsistent with how sentencing challenges are treated and ignores that parole challenges relate to the duration of confinement. Justice Scalia concurred, noting that broadening habeas to include new parole hearings would sever the writ from its common-law roots.