Blanchard

Blanchard v. Darmain

Good Law
10 F. App'x 532
United States Court of Appeals for the Ninth CircuitMay 25, 2001No. 99-17495; D.C. No. CV-99-00914-EHCCalifornia281 words

Opinion

Lead Opinion

MEMORANDUM **

Brett Shannon Blanchard, a Texas state prisoner, appeals pro se from the district court’s judgment dismissing his action with prejudice pursuant to 28 U.S.C. § 1915 (e)(2)(B)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of an action pursuant to the Prison Litigation Reform Act (“PLRA”) for failure to state a claim. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). We affirm.

Because Judge Darmain acted within the scope of his authority and jurisdiction, the district properly found Judge Darmain immune and dismissed the claims against him. See Ashelman v. Pope, 793 F.2d 1072, 1075-76 (9th Cir.1986) (en banc).

Because a child protective service (“CPS”) worker is afforded quasi-judicial immunity for executing court orders, the district court properly dismissed Blanchard’s claims against the unnamed CPS worker. See Coverdell v. Dep’t of Soc. & Health Servs., 834 F.2d 758 , 764-65 (9th Cir.1987); see also Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir.1999).

The district court properly dismissed the claims against the Governor of Arizona and the Arizona Attorney General because Blanchard failed…

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