Huber v. Anderson

Dist. Ct. erred in dismissing as untimely certain counts of plaintiff-prisoner’s section 1983 action against defendants-prison officials in which plaintiff claimed that defendants prolonged his sentence by extending his probation without authority based upon alleged violations that occurred after established 1995 conclusion of his probation. Applicable limitations period under Wisconsin law was 6 years, and instant claims were timely, since: (1) said period accrued in 2104, when circuit court invalidated sentence that had been imposed on one of plaintiff’s alleged violations of probation that occurred after 1995; and (2) plaintiff was in various forms of custody between initial 1995 improper extension of his probation and instant 2014 circuit court ruling. Also, Dist. Ct. erred in granting summary judgment motion filed by two defendants, where plaintiff presented evidence that, despite knowing plaintiff’s complaint that he was being held without legal authority, said defendants were deliberately indifferent to said complaint by failing to undertake any meaningful investigation to either confirm or disprove legality of plaintiff’s continued detention.