Vipperman
Vipperman v. Choncha
Opinion
Lead Opinion
MEMORANDUM **
Franklin Vipperman appeals the district court’s dismissal of his civil rights action filed against the Nevada Division of Parole & Probation (“NDOPP”) and four individual defendants. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Vipperman is currently on parole following a 1978 second-degree murder conviction. Vipperman’s complaint asserts claims under 42 U.S.C. §§ 1983 , 1985, and 1986 (“the civil rights statutes”), as well as 18 U.S.C. § 1961-1968 (“RICO”).
Vipperman’s claims against the NDOPP and his monetary claims against the individual defendants sued in their official capacities are barred by the Eleventh Amendment. See Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836 , 838 (9th Cir.1997) (addressing § 1983); N.R.S. 41.031, 213.1071—213.1073.
As for the individual defendants sued in their individual capacities, Vipperman’s first two sets of allegations challenge the NDOPP’s parole decisions in 1981 and 1997. The civil rights statutes can provide Vipperman with no relief because the applicable statutes of limitation have expired.
Vipperman’s third set of allegations also fails to state a claim. Vipperman cannot use the civil rights…