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Civil Rights
Prisoners' Rights
28 U.S.C. Section 1983

Peter Gerard Wahl v. Sutton, Warden

Published: Oct. 18, 2019 | Result Date: Sep. 4, 2019 |

Case number: 1:16-cv-01576-LJO-BAM (PC) Bench Decision –  Defense

Judge

Barbara A. McAuliffe

Court

USDC Eastern District of California


Attorneys

Plaintiff

Pro Per


Defendant

Brian Shu-Yen Chan
(Office of the Attorney General)


Facts

Plaintiff Peter Gerard Wahl, a former state prisoner confined to Wasco State Prison, filed a civil rights lawsuit against defendant John Sutton, a prison warden, regarding his confinement after being convicted for possession with intent to sell marijuana.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that during the post-release investigation, plaintiff learned that the Clerk of the Court did not notify defendant until 21 days after court-ordered release and defendant continued to hold plaintiff as a state prisoner. Plaintiff contended that he suffered severe psychological, emotional, and physical distress as a result of his confinement and that defendant knew or should have known that plaintiff was unlawfully held. Additionally, plaintiff argued that defendant took no steps to remedy the matter.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended he was entitled to qualified immunity.

Result

The court entered judgment granting defendant's motion to dismiss on the grounds that plaintiff failed to state a claim for which relief could be granted and finding that defendant was entitled to qualified immunity.


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