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MARLOWE v. FABIAN

No. 11-2748.

676 F.3d 743 (2012)

Brian Lee MARLOWE, Appellant, v. Joan FABIAN, individually and in her official capacity as Commissioner of the Minnesota Department of Corrections; Jeffrey Peterson, individually and in his official capacity as Executive Officer of the Minnesota Department of Corrections Hearing and Release Unit, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 19, 2012.

Attorney(s) appearing for the Case

Sarah Gibson , argued, Bradford W. Colbert , on the brief, St. Paul, MN, for Appellant.

Angela Behrens , AG, argued, St. Paul, MN, for Appellee.

Before MURPHY and GRUENDER, Circuit Judges, and ROSS, District Judge.

MURPHY, Circuit Judge.

While serving a state sentence for first degree criminal sexual conduct, Brian Lee Marlowe sued two Department of Corrections officials under 42 U.S.C. § 1983 for unlawfully imprisoning him 375 days beyond the date on which he became eligible for supervised release. The district court2 granted summary judgment to the state officials after determining that Marlowe had failed to satisfy the favorable termination...

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