United States Third Circuit

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Montanez v. Thompson, 05-4430

In plaintiff's 42 U.S.C. section 1983 suit against a records specialist with the Pennsylvania Department of Corrections, claiming that he was incarcerated beyond the expiration of his maximum term of imprisonment as a result of the defendants' deliberate indifference in responding to his inquiries and challenges, district court's order denying defendant's motion for summary judgment based on qualified immunity is reversed where: 1) jurisdiction may properly be exercised to determine whether the set of facts identified by the district court was sufficient to establish a violation of a clearly established right; and 2) defendant is entitled to qualified immunity with respect to plaintiff's Eighth Amendment claims.

Appellate Information

  • Argued 01/26/2010
  • Decided 04/22/2010
  • Published 04/22/2010


  • Before FUENTES, FISHER, Circuit Judges, and KANE,Chief District Judge.


  • United States Third Circuit


  • For Appellant:
  • Thomas W. Corbett, Jr., Esq., Claudia M. Tesoro, Esq., (Argued), John G. Knorr, III, Esq., Office of Attorney General, Philadelphia, PA, for Appellant.

  • For Appellees:
  • Miguel Montanez, Philadelphia, PA, pro se, Appellee., Craig R. Gottlieb, Esq., City of Philadelphia, Law Department, Philadelphia, PA, for Appellee, Robert Durison., Marianne Consentino, Esq., M. Jared Littman, Esq., (Argued), Harkins Cunningham LLP, Philadelphia, PA, for Court Amicus on Behalf of Appellee.
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