Chandler v. Wilson
Chandler v. Wilson
Opinion of the Court
MEMORANDUM
Appellant Keith Chandler appeals the district court’s dismissal of his § 1983 civil rights action. We affirm.
Defendants Giaquinto and Bentley are entitled to quasi-judicial immunity for adjudicatory functions they perform as members of the parole board. Sellars v. Procunier, 641 F.2d 1295, 1302-03 (9th Cir. 1981). Chandler urges that we reconsider this ruling, but we are not free, as a three-judge panel, to overrule circuit precedent.
We also affirm the district court’s dismissal of the claims against defendant Rich, the Chief Executive Officer of the Parole Board. We need not reach the question of qualified immunity because, as the district court held, Rich was not empowered to interfere with or affect the parole board’s or the governor’s decisions with respect to Chandler’s parole. He was a communicator of the governor’s orders, not an enabler. Thus, he cannot be held responsible for any civil rights violations that may have resulted.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Keith CHANDLER v. Pete WILSON, Governor, of the State of California State of California California Youth & Adult Correctional Agency Joe Sandoval, Secretary, Youth and Adult Correctional Agency California Department of Corrections California Board of Prison Terms Ted Rich, Chief Executive Officer, CA Board of Prison Terms Thomas Giaquinto, Commissioner, CA Board of Prison Terms Carol Bentley, Commissioner, CA Board of Prison Terms
- Status
- Published