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Terry v. Hubert

In the aftermath of Hurricane Katrina, appellee was arrested for looting and detained. Upon his release, appellant brought a 28 U.S.C. �1983 action against EHCC's warden, alleging violations of his First Amendment right to access the courts and Fourteenth Amendment right to due process. Because the undisputed evidence shows that the warden neither violated appellant's right of access to the courts nor violated any clearly established law in connection with the detention, he was entitled to immunity from suit. 5th U.S. Circuit Court of Appeals, No. 09-30559, 06-24-2010

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Published opinion

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

In the aftermath of Hurricane Katrina, Appellee James Allen Terry, Jr., was arrested for looting and detained at Elayn Hunt Correctional Center (EHCC) for approximately seven months. Upon his release, Terry brought a 28 U.S.C. § 1983 action against EHCC’s Warden, Cornel Hubert, alleging violations of his First Amendment right to access the courts and Fourteenth Amendment right to due process.*fn1 The magistrate judge denied the Warden’s motion for summary judgment, finding issues of fact as to whether the Warden was entitled to qualified immunity. Because the undisputed evidence shows that the Warden neither violated Terry’s right of access to the courts nor violated any clearly established law in connection with the detention, he was entitled to immunity from suit. We REVERSE and REMAND for entry of judgment in the Warden’s favor.

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