TONEY-EL v. FRANZEN

No. 84-3122.

777 F.2d 1224 (1985)

Alvin F. TONEY-EL, Plaintiff-Appellee, v. Gayle F. FRANZEN, Director of the Department of Corrections, James W. Fairman, Warden, and Paul Hosier, Record Officer Supervisor, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 20, 1985.

Rehearing and Rehearing Denied January 15, 1986.


Attorney(s) appearing for the Case

Thomas M. Schmidt, Atty. Gen. Office, Springfield, Ill., for defendants-appellants.

J. Steven Beckett, Reno, O'Byrne & Kepley, Champaign, Ill., for plaintiff-appellee.

Before COFFEY and EASTERBROOK, Circuit Judges, and GRANT, Senior District Judge.


Rehearing and Rehearing En Banc Denied January 15, 1986.

GRANT, Senior District Judge.

Plaintiff-Appellee sued defendants-appellants under 42 U.S.C. § 1983 alleging that they violated his constitutional rights by allowing him to remain incarcerated for 306 days beyond his release date. The district court directed a verdict in favor of the appellee on the issue of liability and a jury awarded appellee $40,000. We reverse.

I.

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