Published on: Wednesday, October 21, 2020

Today, the United States Court of Appeals for the Fifth Circuit ruled that a Louisiana correctional officer who detained an inmate beyond his release date cannot claim qualified immunity because his disregard of a court order that the prisoner be granted credit for time served was objectively unreasonable.

Ellis Ray Hicks may pursue claims against Terry Lawson, an employee at the David Wade Correctional Center, alleging a Fourteenth Amendment violation because the inmate was held 60 days beyond his release date, the court said.

Hicks also has a valid First Amendment claim against Lawson for retaliating against him for pursuing judicial remedies to confirm his release date, the court said in the unpublished opinion.