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MONTANEZ v. THOMPSON

No. 05-4430.

603 F.3d 243 (2010)

Miguel MONTANEZ v. Pat THOMPSON, Record Specialist I, State Correctional Institution at Albion; John Doe, I Supervisor of Inmate Records, State Correctional Institution at Albion; John Doe, II, Supervisor of Inmate Records, State Correctional Institution at Graterford; Superintendent, Philadelphia Prison System; Robert Durison, Director, Classification, Movement & Registration, Philadelphia Prison System Pat Thompson, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 22, 2010.

As Amended May 25, 2010.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., Esq., Claudia M. Tesoro, Esq., (Argued), John G. Knorr, III, Esq., Office of Attorney General, Philadelphia, PA, for Appellant.

Miguel Montanez, Philadelphia, PA, pro se, Appellee.

Craig R. Gottlieb, Esq., City of Philadelphia, Law Department, Philadelphia, PA, for Appellee, Robert Durison.

Marianne Consentino, Esq., M. Jared Littman, Esq., (Argued), Harkins Cunningham LLP, Philadelphia, PA, for Court Amicus on Behalf of Appellee.

Before: FUENTES, FISHER, Circuit Judges, and KANE, Chief District Judge.

OPINION OF THE COURT

KANE, Chief District Judge.

This is an interlocutory appeal by Pat Thompson ("Thompson"), a Pennsylvania Department of Corrections ("DOC") Records Specialist at SCI Albion, from the District Court's order denying her motion for summary judgment based on qualified immunity. In an action brought under 42 U.S.C. § 1983, Plaintiff Miguel Montanez ("Montanez") alleges that he was incarcerated...

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