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The jail or prison administration must actually have the judge's signed order in their possession in order to act on it. But, yes, if it can be proven that they have it, and they are willfully and knowingly refusing to carry it out, a suit could be brought.

Just a simple paperwork, or administrative SNAFU would likely not qualify as contempt.

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Q: If there is a court order releasing an inmate and the correction Officers do not release that inmate are they in contempt of the order?
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