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DAWSON v. NEWMAN

No. 04-2894.

419 F.3d 656 (2005)

Lance DAWSON, Plaintiff-Appellant, v. Thomas NEWMAN, Jr., Madison County Superior Court Judge in his individual capacity, State of Indiana, Indiana Department of Corrections, Arthur Hegewald, Betty Weist, Victoria Fafata, and Kathy Stoops-Wright, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

DECIDED August 18, 2005.

Attorney(s) appearing for the Case

Nicholas D. Conway (argued), Sutherlin & Associates, Indianapolis, IN, for Plaintiff-Appellant.

James B. Martin, Ryan D. Johanningsmeier (argued), Office of the Attorney General, Ronald J. Semler (argued), Stephenson, Daly, Morow & Kurnik, Indianapolis, IN, for Defendants-Appellees.

Before RIPPLE, WOOD, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

When Lance Dawson's probation was revoked, he appealed to the Indiana Court of Appeals and won a ruling that the revocation was improper. On remand Madison County Superior Court Judge Thomas Newman, Jr., ordered Dawson released from prison. Judge Newman's office faxed a copy of the Indiana Court of Appeals' decision to the Indiana Department of Corrections ("DOC") but did not include a copy of the release order. Dawson thus remained in prison...

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