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SAMPLE v. DIECKS

No. 88-3365.

885 F.2d 1099 (1989)

Joseph B. SAMPLE v. Ernest E. DIECKS, S.R.O., S.C.I.PH., James Howard, Superintendent, S.C.I. PH., William B. Robinson, Commissioner of Corrections, Penna. Appeal of Ernest E. DIECKS, S.R.O., and William B. Robinson, Commissioner of Corrections.

United States Court of Appeals, Third Circuit.

September 12, 1989.

Attorney(s) appearing for the Case

Mark D. Shepard (argued), Buchanan Ingersoll, P.C., Pittsburgh, Pa., for appellee.

LeRoy S. Zimmerman, Atty. Gen., Donald P. Minahan (argued), Chief Deputy Atty. Gen., Chief, Western Regional Office, Gloria A. Tischuk, Deputy Atty. Gen., Gregory R. Neuhauser, Senior Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Pittsburgh, Pa., for appellants.

Before STAPLETON, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal raises interesting questions about the liability of prison officials under 42 U.S.C. § 1983 and the Constitution when a prisoner is held in jail beyond the term of his sentence.

On September 21, 1979, Joseph Sample was serving a life sentence for murder. On that date, the sentence was vacated and a new trial ordered by the Pennsylvania Supreme Court. Sample was granted bail pending the...

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