Legal Opinion
Barnacascel v. State of Montana Department of Corrections
Court of Appeals for the Ninth Circuit
Decided June 25, 2004No. 03-35292PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM **
Appellant Joshua Barnacascel appeals the United States District Court for the District of Montana’s grant of summary judgment to appellees on his 28 U.S.C. § 1983 damages claim arising out of his alleged incarceration past his properly calculated release date. Because Barnacascel’s right to release was not clearly established until shortly before his actual release from prison, we affirm the district court’s holding that appellees were entitled to qualified immunity on Barnacascel’s § 1983 claim.
On January 15, 1987, Barnacascel pled guilty in Montana state court to felony…
2Cases cited4 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Anderson v. CreightonSupreme Court of the United States · 1987
- Frank Haygood v. Evelle J. Younger, and Harold Cranke and Benjamin SeymourCourt of Appeals for the Ninth Circuit · 1985
- State v. PendergrassMontana Supreme Court · 1997
3Cited by2 opinions
- Phillips v. SmallsDistrict Court, W.D. Washington · 2020
- Phillips v. SmallsDistrict Court, W.D. Washington · 2020