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United States Ninth Circuit


Alston v. Read, 10-15332

In an appeal from a judgment of the district denying defendants' motion for partial summary judgment in a Section 1983 action for overdetention, judgment is reversed where the defendants were entitled to qualified immunity because there is no clearly established duty on a prison official to review a prisoner’s original court records beyond those in his institutional file to address the prisoner’s unsupported assertion that he was being overdetained.

Appellate Information

  • Decided 12/14/2011
  • Published 12/14/2011

Judges

  • O’SCANNLAIN

Court

  • United States Ninth Circuit

Counsel

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