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HICKS v. LEBLANC

No. 22-30184.

81 F.4th 497 (2023)

Ellis Ray HICKS, Plaintiff-Appellee, v. James M. LEBLANC, Secretary, Department of Public Safety and Corrections, individually and in his official capacity; Terry Lawson, Department of Corrections employee, individually and in his official capacity; Tracy DiBenedetto; Sally Gryder; Angela Griffin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 5, 2023.

Attorney(s) appearing for the Case

William Brock Most , Law Office of William Most, New Orleans, LA, Casey Rose Denson , Casey Denson Law, L.L.C., New Orleans, LA, for Plaintiff-Appellee.

Shae Gary McPhee, Jr. , Assistant Solicitor General, Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, Phyllis Esther Glazer , Louisiana Department of Justice, Office of the Solicitor General, Baton Rouge, LA, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Defendants-Appellants.

Before Higginbotham, Southwick, and Willett, Circuit Judges.

We are seeing with some frequency claims of "overdetention," now a euphemism for prisoners illegally incarcerated beyond the terms of their sentence. Unfortunately, many of these cases have come to this Court in recent years. This is yet another from Louisiana.

Ellis Ray Hicks brings claims under 42...

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