finding that since the Douthit v. Jones decision in 1980, the right has been clearly established. Although no cases have been found within the Eleventh Circuit, there is caselaw from other circuits finding that imprisonment beyond the expiration of prisoner’s sentence violates “the eighth amendment’s proscription against cruel and unusual punishment.” Moore v. Tartler, 986 F.2d 682, 686 (3d Cir.1993), citing Sample v. Diecks, 885 F.2d 1099 (3d Cir.1989); see also Campbell v. Peters, 256 F.3d 695, 700 (7th Cir.2001)(granting qualified immunity on claim of former prison inmate that he was detained beyond his prison release date in violation of the Eighth Amendment); Haygood v. Younger, 769 F.2d 1350 (9th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 739 (1986)(<HOLDING>); Mitchell v. New Mexico Dept. of Corrections,
holding prison officials ultimately violated the plaintiffs right to be free from cruel and unusual punishment holding cruel and unusual punishment complaint not preserved holding the constitutional right to be free from cruel and unusual punishment may be waived holding a subjective inquiry into a prison officials state of mind is mandated when it is claimed that the official has inflicted cruel and unusual punishment holding that what constitutes cruel and unusual punishment is a question of law