Lesile Andrew Hanlon v. Samuel A. Lewis

92 F.3d 1192 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lesile Andrew HANLON, Plaintiff-Appellee, v. Samuel A. LEWIS, Defendant-Appellant. No. 95-15869. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1996. Decided July 23, 1996. 1 Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, District Judge. * 2 MEMORANDUM ** 3 Samuel A. Lewis, Director of the Arizona Department of Corrections, appeals the district court's denial of his motion for summary judgment on the basis of qualified immunity on Leslie Andrew Hanlon's 42 U.S.C. § 1983 complaint alleging an ex post facto violation regarding his sentence. We conclude that the district court correctly denied defendant Lewis's assertion of qualified immunity, and affirm. 4 In 1988, plaintiff Leslie Hanlon was charged in Pinal County Superior Court with embezzlement. He entered into a plea agreement and, on July 25, 1988, was sentenced to a term of 5.25 years. His sentence expiration date…