Freeman v. State, Dept. of Corrections
| Citation | 764 P.2d 445,115 Idaho 78 |
| Decision Date | 01 November 1988 |
| Docket Number | No. 17223,17223 |
| Parties | Robert D. FREEMAN, Petitioner-Appellant, v. STATE of Idaho, DEPARTMENT OF CORRECTIONS, Al Murphy, Director, Arvon Arave, ISCI Warden, Sgt. House, Respondents. |
| Court | Idaho Court of Appeals |
Robert D. Freeman, pro se.
Jim Jones, Atty. Gen. by Timothy D. Wilson, Legal Services Div., Boise, for respondents.
A prison inmate, Robert D. Freeman, filed a petition for writ of habeas corpus, complaining that the Idaho Department of Corrections had taken his personal property unlawfully and had not paid for it. A magistrate denied the petition and dismissed the case, ruling that habeas corpus is not an appropriate proceeding to obtain monetary compensation. On appeal, the district court affirmed. Today, for reasons explained below, we agree that the wrong form of pleading was employed, but we hold that the case should not have been dismissed on that ground alone.
Freeman alleged in his pro se petition that the Department's officers had confiscated art supplies sent to him by persons outside the prison. Freeman filed a grievance claiming that the confiscation was contrary to prison policy. The warden agreed with Freeman and ordered the art supplies to be returned "if we still have them." The property was not returned; neither was Freeman compensated for the loss. For the purpose of this appeal, we will presume these averments to be true.
Habeas corpus proceedings are civil actions. They are governed by the Idaho Rules of Civil Procedure to the extent consistent with our habeas corpus statutes, I.C. §§ 19-4201 to -4236. See I.R.C.P. 81(a); Jacobsen v. State, 99 Idaho 45, 50, 577 P.2d 24, 29 (1978), overruled on other grounds, Strove v. Wilcox, 99 Idaho 205, 579 P.2d 1188 (1978). A petition for a writ of habeas corpus is a pleading analogous to a complaint. I.C. § 19-4202; I.R.C.P. 7(a). A complaint need contain only a concise statement of facts comprising a claim, along with a demand for relief. I.R.C.P. 8(a)(1); Clark v. Olsen, 110 Idaho 323, 325, 715 P.2d 993, 995 (1986). Although a petition for a writ of habeas corpus is not the proper form of pleading to claim compensation for private property taken by the state, an error in pleading does not divest the court of jurisdiction to examine the merits of the underlying claim. Sivak v. State, 111 Idaho 118, 120, 721 P.2d 218, 220 (Ct.App.1986). In any civil case, a mislabeled claim may be treated according to its substance. Cf. St. Benedict's Hospital v. County of Twin Falls, 107 Idaho 143, 686 P.2d 88 (Ct.App.1984) (...
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Freeman v. IDAHO DEPT. OF CORRECTION
...corpus, being a pleading analogous to a complaint, is governed by the Idaho Rules of Civil Procedure. Freeman v. State Dep't of Corr., 115 Idaho 78, 79, 764 P.2d 445, 446 (Ct.App.1988). Bound by the same standard of review as the trial court, we examine the record to determine whether there......
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Martin v. Spalding
...the return of property or to claim compensation for its confiscation. We disagree. We addressed the same issue in Freeman v. State, 115 Idaho 78, 764 P.2d 445 (Ct.App.1988), where a magistrate had dismissed a pleading labeled a petition for a writ of habeas corpus because the pleading form ......
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...support such a conclusion. A petition must contain a concise statement of facts comprising a claim. Freeman v. State, Dep't of Corr., 115 Idaho 78, 79, 764 P.2d 445, 446 (Ct. App. 1988). Petitioner has not described any facts or circumstances to support his conjecture that it was his litiga......
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...at 593, 635 P.2d at 957; Martin v. Spalding, 133 Idaho 469, 472, 988 P.2d 695, 698 (Ct.App.1998); Freeman v. State, Dept. of Corrs., 115 Idaho 78, 79, 764 P.2d 445, 446 (Ct.App.1988). See also Sayas, 139 Idaho at 960, 88 P.3d at 779; Mills v. State, 126 Idaho 330, 332, 882 P.2d 985, 987 (Ct......