United States Habeas Corpus Cases

Federal habeas corpus is typically used as a remedy after the direct appeal of a federal criminal conviction has been denied.  A Latin phrase that is literally translated as “to have the body,” habeas corpus action is a civil lawsuit that is brought against the United States federal prison official that is housing the person seeking relief. 

Federal Habeas Corpus Petitions

Typically the person bringing the habeas corpus lawsuit is referred to as the petitioner, while the warden of the prison is listed as the respondent of the lawsuit.  The petitioner in a federal habeas corpus is suing the United States prison official for illegally holding them in custody based on the deprivation of a constitutional right.