Barnacascel

MEMORANDUM **

Appellant Joshua Barnacascel appeals the United States District Court for the District of Montana’s grant of summary judgment to appellees on his 28 U.S.C. § 1983 damages claim arising out of his alleged incarceration past his properly calculated release date. Because Barnacascel’s right to release was not clearly established until shortly before his actual release from prison, we affirm the district court’s holding that appellees were entitled to qualified immunity on Barnacascel’s § 1983 claim.

On January 15, 1987, Barnacascel pled guilty in Montana state court to felony robbery, and was sentenced to a term of imprisonment. Later that year, he was sentenced to two additional consecutive terms for an escape and an attempted escape. Barnacascel was granted parole in October, 1989, but this was revoked in April, 1994. In October, 1995, he was sentenced to an additional consecutive term for another escape. Barnacascel was granted parole for the second time in March, 1998, but his parole was again revoked in March, 2000.

Barnacascel claims that Montana law required that his consecutive sentences for escape and attempted escape merge into concurrent terms upon his…