Warren E. Burger,
Wilwording v. Swenson — Dissent
“ The Court assumes without citation of authority that further resort to state remedies would be futile; the District Judge, far more familiar than we with the local situation, thought otherwise. The Court does not rest its reversal on this ground, however, for it blandly treats petitioners' habeas corpus petitions as complaints under 42 U.S.C. § 1983, an approach that petitioners' experienced counsel has studiously and appropriately avoided. ”
