United States Ninth Circuit
Chavez v. Robinson, 14-35384
In a civil rights action, brought by a probationer convicted of attempted sexual abuse against his probation officer and sex offender treatment program therapist, the district court's sua sponte dismissal of his in forma pauperis complaint on the basis of qualified immunity is reversed where 28 U.S.C. section 1915(e)(2)(B)(iii)'s required dismissal of actions seeking monetary relief against immune defendants covers both absolute and qualified immunity. The court remanded the matter for further proceedings.
Appellate Information
- Decided
- Published 2016/03/29
Judges
- MCKEOWN
Court
- United States Ninth Circuit