United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging that Defendant officials breached their duty to monitor whether Plaintiff's sentence was void and take steps to effectuate his release, the dismissal of the complaint is affirmed in part, where Plaintiff's federal claims were barred by prosecutorial immunity; but reversed in part, where Plaintiff's state law claims were not subject to an immunity defense.

Appellate Information

• Argued 04/13/2009
• Decided 06/15/2009
• Published 06/15/2009

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  T.G. NELSON, ANDREW J. KLEINFELD, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis Cunningham & William Gordon Kaupp, Law Offices of Dennis Cunningham, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Wilfred T. Fong, Office of the California Attorney General, Oakland, CA, for the defendants-appellees.