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Court Refuses to Reinstate Lawsuit
By Associated Press
Published: 01/23/2006

A federal appeals court has refused to reinstate a lawsuit filed by a woman who accused South Dakota officials of keeping her in prison 416 days too long.
Nicole Figg had sued members of the South Dakota Board of Pardons and Paroles, prison officials and a parole agent, arguing that they violated her federal civil rights and some state laws when she was put back in prison after violating parole. She was initially convicted of forgery.
A three-judge panel of the 8th U.S. Circuit Court of Appeals noted that Figg had based her legal battle on a parole agreement that did not indicate the suspended portion of her sentence could be reinstated if she violated parole.
Later in the court proceedings, officials discovered a second parole agreement signed by Figg that indicated the suspended portion of her sentence could be reinstated if she violated parole, the appeals judges said.
The appeals panel ruled that the officials are immune from the lawsuit because the Parole Board members were acting within their legal authority. The prison officials are immune because they carried out an apparently valid court order requiring that she be locked up, and the parole agent also is immune, the judges said.
Figg's claims based on state law violations must be dismissed in federal court, but she could raise those issues again in state court because there has never been a final state court ruling in the case, the appeals judges said. However, Figg's contentions in state court appeared to have been dealt a fatal blow when the second parole agreement was located, the judges said.

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