Brown

Brown v. California Department of Corrections

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 22, 200907-55409California1,876 words

Opinion

Opinion

I. BACKGROUND

Brown’s claims stem from our grant of Brown’s habeas petition in Brown v. Poole, 337 F.3d 1155 (9th Cir. 2003). After being “charged with first-degree murder for shooting her husband,” Brown entered into an oral plea agreement. Id. at 1157. During the plea colloquy, the prosecutor stated that, if Brown avoided disciplinary problems while in prison, she would be released on parole in “half of the 15 years” that was her minimum sentence. Id. at 1158. We held that Brown, who had served more than seven and one-half years without disci- plinary problems, was entitled to release pursuant to the pros- ecutor’s promise made during the plea colloquy. Id. at 1160- 62.

After her release from prison, Brown filed a lawsuit pursu- ant to 42 U.S.C. § 1983 against the prosecutors who partici- pated in her parole hearings. Brown alleged that the prosecutors intentionally interfered with a contractual rela- tionship when they recommended during Brown’s parole BROWN v. CALIFORNIA DEPARTMENT OF CORRECTIONS 781 hearings that she remain in prison. On related grounds, Brown sued Steve Cooley, the Los Angeles District Attorney; the parole board members; Susan Poole, the prison…

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