Walter Tripp v. Connie Bisbee

MEMORANDUM

Walter Tripp, a Nevada state prisoner, appeals pro se from the district court’s order denying his motion to reconsider the district court’s judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his equal protection rights in connection with parole hearings. We review for an abuse of discretion a district court’s denial of a motion for reconsideration under Fed. R. Civ. P. 60(b). Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We reverse and remand.

The district court dismissed Tripp’s action because it concluded that defendants, who are parole board members, were entitled to absolute quasi-judicial immunity. However, while defendants are immune from suit for damages, because Tripp sought only injunctive and declaratory relief, defendants were not entitled to immunity. See Thornton v. Brown, 757 F.3d 834, 839 (9th Cir. 2013) (absolute immunity does not bar injunctive relief claim against parole unit supervisor); Buckwalter v. Nev. Bd. of Med. Exam’rs, 678 F.3d 737, 747 (9th Cir. 2012) (“Absolute immunity is not a bar to injunctive or declaratory relief.”).

The district court also dismissed Tripp’s action…