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ALSTON v. READ

No. 10-15332.

663 F.3d 1094 (2011)

Cornelius ALSTON; Gary Auld; Darren D. Bajo; Kevin Brooks; Walter DeGuair; Danilo Dimapolis; Randal Gouveia; Foe Liulama; Adrian Lucerno; Eric Miller; Jamie Tafoya, Plaintiffs-Appellees, v. Thomas READ; Nettie Simmons, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2011.

Attorney(s) appearing for the Case

John F. Molay , Deputy Attorney General, Department of the Attorney General, State of Hawaii, argued the cause for the defendants-appellants and filed the brief. Attorney General Mark J. Bennett and Deputy Attorneys General Caron M. Inagaki and Kendall J. Moser , Department of the Attorney General, State of Hawaii, were also on the brief.

Jack Schweigert , Jack Schweigert, PLC, Honolulu, HI, argued the cause for the plaintiffs-appellees and filed the brief. Rory Soares Toomey , Rory S. Toomey Law Office, Honolulu, HI, and Shannon Parrott , Honolulu, HI, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether state prison officials had a clearly established duty to seek out original court records in response to a prisoner's unsupported assertion that he was being overdetained in violation of the United States Constitution.

I

A

Cornelius Alston was twice sentenced to a term of imprisonment in the Hawaii state prison system under two separate, unrelated sentencing orders. He...

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