Schlanger v. Seamans

United States Supreme Court

401 U.S. 487

Schlanger  v.  Seamans, Secretary of the Air Force, et al.

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 5481.  Argued: February 22, 1971. --- Decided: March 23, 1971

The District Court for the District of Arizona did not have jurisdiction to entertain a habeas corpus application by an Air Force enlisted man in Arizona on temporary duty orders, as no custodian, neither the commanding officer of Moody Air Force Base in Georgia nor anyone in the chain of command, was a resident of Arizona. Pp. 488-492.

Affirmed.

DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., joined. HARLAN, J., concurred in the result. STEWART, J., dissented.

Herbert P. Schlanger, petitioner, argued the cause and filed a brief pro se.

Solicitor General Griswold argued the cause for respondents. With him on the brief were Assistant Attorney General Gray, Morton Hollander, and Robert E. Kopp.

Melvin L. Wulf filed a brief for the American Civil Liberties Union as amicus curiae urging reversal.

Notes