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DECKERT v. LANG

No. 88-194.

774 P.2d 1285 (1989)

Clinton DECKERT, Appellant (Plaintiff), v. John A. LANG, individually and in his official capacity as Secretary of the Board of Parole, Duane Shillinger, individually and in his official capacity as Warden of the Wyoming State Penitentiary, and the State of Wyoming, Appellees (Defendants).

Supreme Court of Wyoming.

May 23, 1989.

Attorney(s) appearing for the Case

Dwight F. Hurich of Preuit, Sowada & Hurich, Gillette, for appellant.

Richard E. Day and Stuart R. Day of Williams, Porter, Day & Neville, Casper, for appellee John A. Lang.

Terry L. Armitage, Asst. Atty. Gen., for appellee Duane Shillinger.

Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and KALOKATHIS, District Judge.

KALOKATHIS, District Judge.

This appeal is from the order granting summary judgment in favor of the defendants in a 42 U.S.C. § 1983 claim. Appellant, Clinton Deckert, asserts error in the finding that appellees, John Lang and Duane Shillinger, were entitled to qualified immunity when they continued to hold Deckert at the Wyoming State Penitentiary after a commutation order signed by the Governor was delivered.

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