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Brian Lee Marlowe v. Joan Fabian, Individually and In Her Official Capacity As Commissioner

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Submitted: March 14, 2012

Before MURPHY and GRUENDER, Circuit Judges, and ROSS, District Judge. *fn1

While serving a state sentence for first degree criminal sexual conduct, Brian Lee Marlowe sued two Department of Corrections officials under 42 U.S.C. § 1983 for unlawfully imprisoning him 375 days beyond the date on which he became eligible for supervised release. The district court granted summary judgment to the *fn2 state officials after determining that Marlowe had failed to satisfy the favorable termination requirement of Heck v. Humphrey. 512 U.S. 477 (1994). Marlowe appeals, and we affirm.

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