Demian O'Keeffe v. Karla Erkenbrecher

MEMORANDUM

Demian Trevor O’Keeffe appeals from summary judgment granted to Carla Erk-enbrecher. Erkenbrecher was O’Keeffe’s parole officer who allegedly failed to give O’Keeffe notice of his parole retention while he was being supervised in Nevada. This alleged failure caused O’Keeffe to not initially appeal his parole retention. O’Keeffe was subsequently advised of his parole retention (when he was back in prison) and was allowed the right to appeal that retention. O’Keeffe did not then appeal the retention and initiated this 42 U.S.C. § 1983 lawsuit in 2004 claiming due process violations for the claimed initial failure of notification.

Previous proceedings in this case prior to remand are stated in O’Keeffe v. Rimmer, et al., 328 Fed.Appx. 563 (9th Cir. 2009) (memorandum of disposition). On remand, Erkenbrecher, the remaining Defendant, again moved for summary judgment. The Magistrate Judge agreed that no liberty interest was created by California Penal Code Section 3001. Accordingly, he denied Plaintiff’s motion for summary judgment and granted Defendant’s cross motion for summary judgment. This appeal followed.

The process for retaining an individual on parole in…