Habeas corpus is not available since there is no form of custody involved at this point. Under Section 1983, a plaintiff must show deprivation of a federally protected right by someone acting under color of state law but there is no exhaustion requirement. The plaintiff's major hurdles will be two courts of appeals decisions, which the author believes were wrongly decided, and the doctrines of abstention and issue preclusion. The author argues for the availability of a 1983 action in the case stated above and whether or not you agree, this is excellent legal scholarship. (Publisher abstract)