Clifton White v. Alisha Tafoya Lucero, et al.

Santa Fe, New Mexico civil rights lawyer represented the Plaintiff claiming that his constitutional rights were violated by the Defendants who failed to release him after he told them that his term of

incarceration for violating probation was wrongfully entered.



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The prison officials moved to dismiss the complaint, asserting qualified

immunity. The district court denied the motion, concluding the law was clearly

established that prison officials violate the law when they continue to imprison

individuals past their release date without a lawful basis.

prison officials are entitled to qualified immunity. No controlling Tenth Circuit law clearly establishes that prison officials act unlawfully in keeping a defendant incarcerated when they are relying on a facially valid judicial sentencing order, even if the officials believe the order was made in error. And neither does our case law put prison officials on notice that they have a duty or the power to disregard a judicial sentencing order if they suspect it is flawed. Yet according to White, that is exactly what these officials were required to do. But when there is a judicial order mandating a sentence in which the defendant disagrees, the proper recourse is to appeal that sentence through the state or federal judicial process. No clearly established law requires prison officials to ignore, correct, or act contrary to a facially valid sentencing order in these circumstances.