Ward

MEMORANDUM **

We affirm, substantially for the reasons stated by the district court, the denial of summary judgment on the grounds of qualified immunity as to Janet Cox, Leonard Mihelich, and Michael Mahoney. The district court denied qualified immunity for these three defendants because the good time credits of a state prisoner John Edward Ward, Jr., were miscalculated contrary to a state court order from the prisoner’s sentencing judge stating that good time credit should be granted for time that Ward served in a county jail awaiting resolution of a petition to revoke a prior probationary period.

Specifically, the Montana Department of Corrections (MDOC) had received an August 4, 2000 order of state district court Judge Thomas M. McKittrick entitled, “ORDER GRANTING GOOD TIME CREDIT,” which stated in its entirety:

We agree with the federal district court that this order should have appeared to Cox, Mihelich, and Mahoney to have required that the MDOC credit good time for Ward’s time served in Cascade County *729 Jail from February 18, 1996, to August 14, 1996. This order was sent by the state court to Cox. The state court did not directly send to Mihelich and Mahoney a copy…