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Stafford v. Powers

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 16, 2011
No. 10-35356 (9th Cir. Aug. 16, 2011)

Summary

holding that parole board members are entitled to absolute immunity for their decision to designate an individual as a predatory sex offender without an evidentiary hearing

Summary of this case from Wicklund v. Huntsman

Opinion

No. 10-35356 D.C. No. 1:09-cv-03031-CL

08-16-2011

NEIL B. STAFFORD, Plaintiff - Appellant, v. STEVEN POWERS; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Oregon

Mark D. Clarke, Magistrate Judge, Presiding

Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.

Neil B. Stafford appeals pro se from the district court's grant of summary judgment in his 42 U.S.C. § 1983 action alleging various constitutional claims concerning his designation as a predatory sex offender and conditions of parole. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 922 (9th Cir. 2004) (summary judgment); Brown v. Cal. Dep't of Corr., 554 F.3d 747, 749 (9th Cir. 2009) (absolute immunity). We affirm.

The district court properly granted summary judgment on Stafford's claims regarding Defendants' imposition of parole conditions. See Anderson v. Boyd, 714 F.2d 906, 909 (9th Cir. 1983) (parole officers entitled to absolute immunity for imposition of parole conditions).

The district court properly granted summary judgment on the ground that Defendants are entitled to absolute immunity with respect to their decision to designate Stafford a predatory sex offender without holding an evidentiary hearing. See Brown v. Cal. Dep't of Corr., 554 F.3d 747, 751 (9th Cir. 2009) (parole board officials entitled to absolute immunity for actions taken in processing parole applications); Swift v. Cal., 384 F.3d 1184, 1190-91 (9th Cir. 2004) (parole officials entitled to absolute immunity for adjudicating parole decisions).

We do not consider claims not adequately raised in Stafford's opening brief. See Entm't Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211, 1217 (9th Cir. 1997).

We deny Stafford's motion to supplement the record.

AFFIRMED.


Summaries of

Stafford v. Powers

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 16, 2011
No. 10-35356 (9th Cir. Aug. 16, 2011)

holding that parole board members are entitled to absolute immunity for their decision to designate an individual as a predatory sex offender without an evidentiary hearing

Summary of this case from Wicklund v. Huntsman
Case details for

Stafford v. Powers

Case Details

Full title:NEIL B. STAFFORD, Plaintiff - Appellant, v. STEVEN POWERS; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 16, 2011

Citations

No. 10-35356 (9th Cir. Aug. 16, 2011)

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