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ENGEBRETSON v. MAHONEY

No. 10-35626.

724 F.3d 1034 (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.

Amended June 28, 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 DOROTHY W. NELSON, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

The opinion filed on May 30, 2013, is amended as follows:

Slip opinion page 11, note 3, lines 5-7: Replace <Mays v. Sudderth, 97 F.3d 107, 112-13 (5th Cir. 1996) (absolute immunity for sheriff's attachment of prisoner pursuant to a court order, even though sheriff allegedly knew the order was invalid)> with <Mays v. Sudderth, 97 F.3d 107, 112-13 (5th Cir.1996...

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