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ENGEBRETSON v. MAHONEY

No. 10-35626.

717 F.3d 693 (2013)

Jesse K. ENGEBRETSON; Catherine T. Engebretson, Plaintiffs-Appellants, v. Mike MAHONEY, Warden, Montana State Prison; State of Montana; William Slaughter, Director of the Department of Corrections for the State of Montana, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2013.

Attorney(s) appearing for the Case

Kayla Liatti (argued) and Claudia Menjivar (argued), Ninth Circuit Clinical Externship, Loyola Law School, Los Angeles, CA; Erica L. Reilley , Jones Day, Los Angeles, CA, for Plaintiffs-Appellants.

Brenda K. Elias (argued) and Ira Eakin , Special Assistant Attorneys General, Montana Department of Corrections, Helena, MT, for Defendants-Appellees.

Before: D.W. NELSON, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

In this appeal we are asked to decide whether prison officials enjoy absolute immunity from liability under 42 U.S.C. § 1983 for conduct prescribed by facially valid court orders. We conclude that they do.

BACKGROUND

In 1993, Plaintiff-Appellant Jesse Engebretson pleaded guilty to four counts of sexual assault. The state trial court sentenced him to four concurrent 20-year prison terms. The court also...

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