Legal Opinion
Allen v. Guerrero
Court of Appeals of Wisconsin
Decided September 16, 2004No. 03-1356PublishedCited by 3 opinions
1Opinion of the Court
DEININGER, PJ.
¶ 1. Several Department of Corrections (DOC) employees appeal an order denying their motion to dismiss this action, which James Allen filed against them under 42 U.S.C. § 1983. The defendants contend they are entitled to qualified immunity from Allen's claim that they violated the Eighth Amendment's prohibition against cruel and unusual punishment by deliberately refusing to release him on parole for 377 days beyond his mandatory release (MR) date. The defendants maintain that, because federal courts were divided on whether the alleged conduct constituted a violation of the…
2Cases cited24 opinions
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Parratt v. TaylorSupreme Court of the United States · 1981
- Wilson v. LayneSupreme Court of the United States · 1999
- Sample v. DiecksCourt of Appeals for the Third Circuit · 1989
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3Cited by3 opinions
- Werner v. WallCourt of Appeals for the Seventh Circuit · 2016
- Patrick Werner v. Edward F. WallCourt of Appeals for the Seventh Circuit · 2016
- Werner v. WallCourt of Appeals for the Seventh Circuit · 2016