This court must determine whether the claim asserted in this case-that the Board of Prison Terms’ (“Board”) consideration of prisoners’ past substance abuse history as a part of its parole decisions violates the Americans with Disabilities Act (“ADA”)must bе brought as a habeas corpus petition. We conclude that the claim does not necessarily challenge the fact or duration of appellants’ confinement and that, as a result, they are not required to bring a habeas petition to assert their claims. We therefore reverse the district court’s stay order, which required appellants to exhaust state habeas remedies.
I.FACTS AND PROCEDURAL HISTORY
Stephen Bogovich and Charles Thompson are state prisoners who аre serving terms of fifteen years to life for second-degree murder. Both received treatment for substance abuse while in prison and have been drug-free since 1984 and 1990, respectively. Both became statutorily eligible for parole in 1993 and both assert that they have been denied a parole release date primarily due to their history of substance abuse. Appellants filed this action in federal court against the Board, asserting that their policy of considеring a prisoner’s substance abuse history when making parole decisions violates Title II of the ADA. Appellants’ complaint sought prospective injunctive relief only. Specifically, the remedy sought was a prohibition against the Board “[cjontinuing to deny plaintiffs a parole release date primarily because of their substance abuse disabilities.”
A magistrate judge determined that the complaint alleged that appellants were “improperly denied parole,” that their claims “may affect their release from prison,” and that their “sole federal remedy is a writ of habeas corpus.” Characterizing their claim as an action pursuant to 42 U.S.C. § 1983, the magistrate judge then ordered appеllants’ claim to be stayed pending the exhaustion of state habeas remedies. The district court, stating that the prisoners had filed a civil rights action seeking relief under § 1983, affirmed the magistrate judge’s order. Appellants timely appealed.
II.STANDARD OF REVIEW
A district court’s decision to stay civil proceedings to allow for exhaustion of state habeas remedies is reviewed for abuse of discretion. See Marchetti v. Bitterolf,
III.ANALYSIS
A. Appellants’ Claim
As an initial matter, it appears that the magistrate judge and the district court misconstrued appellants’ complaint as a § 1983 claim. It is clear that the complaint is challenging the Board’s action only as a statutory violation of the ADA. The well-drafted complaint asserts only, and details facts related to, potential ADA violations, and it appears to have done so as an attempt to create a novel challenge to the Board’s procedures. Although courts must construe pro se complaints liberally, see Pena v. Gardner,
B. Relationship between Habeas Corpus and ADA Claims
“[T]he essence of habeas corpus is an attack by a person in custody upon the legality of that custody.” Preiser v. Rodriguez,
Prisoners may not attempt to evade habeas procedural requirements, such as exhaustion of state remedies, by characterizing their claims as seeking some other type of rеlief. See id. at 489-90,
The claim here challenges the Board’s activities under the ADA. Title II of the ADA broadly prohibits discrimination by рublic entities against individuals with disabilities: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discriminаtion by any such entity.” 42 U.S.C. § 12132. The prohibitions of the ADA apply to state prisons. See Pennsylvania Dep’t of Corrections v. Yeskey,
Ordinarily, state prisoners’ ADA claims relate to issues such as the denial of access to prison facilities, denial of satisfactory medical attention, denial of sign language interpretation services, or denial of the opportunity to participаte in educational, vocational, or rehabilitation programs. See e.g., Amos v. Maryland Dep’t of Pub. Safety & Correctional Servs.,
There is no reason to believe that ADA claims should be treated any differently than § 1983 claims when examining whether a prisoner’s case should have been brought under habeas corpus. Regardless of the type of claim asserted, the traditional purposes of habeas corpus must be pre
C. Appellants’ Claim
Without addressing or resolving the merits of their claim, the issue to which we turn is whether appellants’ ADA claim for injunctive relief is a claim that, if successful, necessarily would imply the invalidity of their continuing confinement. We conclude that it does not.
The facts of this case fall somewhere between our precedents in Butterfield and Neal v. Shimoda,
Few things implicate the validity of continued confinement more directly than thе allegedly improper denial of parole. This is true whether the denial is alleged to be improper based upon procedural defects in the parole hearing or upon allegations that parole was improperly denied on the merits. Appellant’s civil claim for damages amounts to a collateral attack on his denial of parole and subsequent incarceration. [Supreme Court precedent] does not permit this.
Id.
A few months later, this court distinguished Butterfield. In Neal, the apрellants filed a § 1983 action alleging that Hawaii’s sex offender treatment program, which labeled them as sex offenders and required treatment as a precondition for parole eligibility, violated their constitutional rights. See Neal,
The only benefit that a victory in this case would provide ... is a ticket to get in the door of the parole board, thus only making them eligible for parole consideration according to the terms of their sentences. If [they] win, it will in no way guarantee parole or necessarily shorten their prison sentences by a single day. The parole board will still have the authority to deny the inmates’ request for parole on the basis of any of the grounds presently available to it in evaluating such a request. A victory in this case would not alter the calculus for the review of parole requests in any way.
Id. at 824 (footnote omitted) (emрhasis in original). Thus, the court concluded that the inmates’ claims were properly brought under § 1983, because they did not imply the invalidity of their continuing confinement. See id.
Here, appellants challenge one of the numerous factors that the Board considers in determining whether to set a parole date. Appellants do not allege that they have been improperly denied parole, and they do not seek to upset any previous decisions denying parole. Nor would appellants necessarily be entitled to parоle or to shorter prison terms if they were successful on the merits of their ADA claim. Rather, appellants contend that, in the future, the Board should not be allowed to discriminate against disabled inmates in its
Although appellants’ attack is directed at the Board’s decision-making process, success on their claim will not in any way “guarantee parole or necessarily shorten their prison sentences” because the Board will still have the authority to deny their request for parole “on the basis of any of the grounds presently available to it in evaluating such a request.” Neal,
IV. CONCLUSION
Our habeas corpus precеdent, arising from § 1983 claims, applies with equal force to claims brought by prisoners under the ADA. If an ADA claim challenges the validity or duration of confinement, the prisoner’s sole federal remedy is the writ of habeas corpus. In this case, beсause appellants’ ADA claim does not necessarily imply the invalidity of their continuing confinement, appellants were not required to bring a habeas corpus petition. The district court erred when it stayed appellants’ claim pending the exhaustion of state habeas remedies.
REVERSE and REMAND for further proceedings.
Notes
. We express no view on the merits of the appellants' ADA claim.