Jesse Engebretson v. Mike Mahoney

ORDER

The opinion filed on May 30, 2013, is amended as follows:

Slip opinion page 11, note 3, lines 5-7: Replace 97 F.3d 107, 112-13 (5th Cir.1996) (absolute immunity for sheriffs attachment of prisoner pursuant to a court order, even though sheriff allegedly knew the order was invalid) > with 97 F.3d 107, 112-13 (5th Cir.1996) (absolute immunity for sheriff who attached a prisoner pursuant to a facially valid court order issued within the scope of the court’s jurisdiction) >.

Slip opinion page 13, note 6, line 2: Replace < sentencing date> with crelease date>.

No future petitions for panel rehearing or petitions for rehearing en banc will be entertained.

OPINION

In this appeal, we are asked to decide whether prison officials enjoy absolute immunity from liability under 42 U.S.C. § 1983 for conduct prescribed by facially valid court orders. We conclude that they do.

BACKGROUND

In 1993, Plaintiff-Appellant Jesse Engebretson pleaded guilty to four counts of sexual assault. The state trial court sentenced him to four concurrent 20-year prison terms. The court also found that because Engebretson had been convicted of burglary (a felony)…