Legal Opinion

Alston v. Read

Court of Appeals for the Ninth Circuit

Decided December 14, 2011No. 10-15332PublishedCited by 58 opinions

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether state prison officials had a clearly established duty to seek out original court records in response to a prisoner’s unsupported assertion that he was being overdetained in violation of the United States Constitution.

I

A

Cornelius Alston was twice sentenced to a term of imprisonment in the Hawaii state prison system under two separate, unrelated sentencing orders. He was convicted of second-degree robbery in 1991. While on parole from the robbery sentence in 1997, he was convicted of two counts of promoting a dangerous drug and was…

2Cases cited12 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Pearson v. CallahanSupreme Court of the United States · 2009
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Johnson v. JonesSupreme Court of the United States · 1995
  5. Cousins v. LockyerCourt of Appeals for the Ninth Circuit · 2009

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3Cited by58 opinions

  1. George v. MorrisCourt of Appeals for the Ninth Circuit · 2013
  2. Jesse Engebretson v. Mike MahoneyCourt of Appeals for the Ninth Circuit · 2013
  3. Julian v. Mission Community HospitalCalifornia Court of Appeal · 2017
  4. Hernandez v. CateDistrict Court, C.D. California · 2013
  5. Marty Emmons v. City of EscondidoCourt of Appeals for the Ninth Circuit · 2019

53 more not listed; retrieve them via the Exa API.

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