Carl Mack Keeton v. R. K. Procunier

After Keeton, a state prisoner, allegedly violated prison rules (returning from work furlough with knives and benzedrine), his future parole date was rescinded by the California Adult Authority and his maximum indeterminate sentence (life) was reinstated pending further action by the Adult Authority. He filed a civil rights action pursuant to 42 U.S.C. § 1983 requesting damages and release from custody. The district court dismissed the action. We reverse with directions.

Keeton asserts he was deprived of due process at his hearing before the Adult Authority by the denial of counsel and opportunity to confront witnesses and to present his own evidence. This phase of his complaint is properly construed as a habeas corpus claim. However, he has failed to allege he has exhausted his state remedies and, therefore, the dismissal of this claim by the trial court was appropriate. Williams v. Nelson, 431 F.2d 932 (9th Cir. 1970).

The primary thrust of Keeton’s complaint for damages challenges the action of the Adult Authority in rescinding his prior parole date. Not only is the Adult Authority immune from such actions, but the individual members acting in their official capacity are…