Sandsbury Lee v. Richard L. Dugger

This appeal arises from an order granting summary judgment on qualified immunity grounds in favor of the defendant, the Secretary of the Florida Department of Corrections, in an individual-capacity damages suit brought under 42 U.S.C.A. § 1983 by a state prison inmate who claims the Secretary unlawfully refused to deduct “gain-time” 1 from a prior sentence, thus prolonging his previous imprisonment. The majority affirms on the ground that Lee’s right to the disputed gain-time was not “clearly established” when this occurred. Because the Secretary is not entitled to qualified immunity on the…