U.S. Court of Appeals for the Ninth Circuit, 2010

Richard Gilman v. Arnold Schwarzenegger

Richard Gilman v. Arnold Schwarzenegger
U.S. Court of Appeals for the Ninth Circuit · Decided June 3, 2010 · Kozinski, Noonan, Callahan
382 F. App'x 544

Richard Gilman v. Arnold Schwarzenegger

Opinion

MEMORANDUM *

The district court did not err in certifying the class, regardless of whether we review its decision de novo or for abuse of discretion. Viewed as a whole, the complaint constitutes a challenge to “a system-wide practice or policy that affects all of the putative class members.” Armstrong v. Davis, 275 F.3d 849, 868 (9th Cir. 2001). Because the claims of the named plaintiffs are coextensive with those of the rest of the class with regard to the Board of Parole Hearings, the plaintiffs’ claims are sufficiently typical as well. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1020 (9th Cir. 1998). Finally, the plaintiffs satisfy Rule 23(b)(2), as they request an injunction imposing standards for parole hearings that would apply across the entire class. See Walters v. Reno, 145 F.3d 1032, 1047 (9th Cir. 1998).

We express no view as to whether further sub-classifications may be necessary or appropriate.

AFFIRMED.

*

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

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