Hopkins

Hopkins v. Indeterminate Sentence Review Board

Good Law
154 F. App'x 589
United States Court of Appeals for the Ninth CircuitNovember 15, 2005No. 04-35922; D.C. No. CV-03-5682-RBLCalifornia294 words

Opinion

Lead Opinion

MEMORANDUM **

Dennis Hopkins, a former Washington state prisoner, appeals pro se the district court’s summary judgment in his action under 42 U.S.C. §§ 1983 and 1985(3) against the Washington State Indeterminate Sentence Review Board and its members, claiming that they violated and conspired to violate his Eighth and Fourteenth Amendment rights by using and refusing to correct false information in a decision to deny parole on December 17, 2002. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Hopkins contends that the district court erred in concluding that Eleventh Amendment sovereign immunity barred his damages claims against the Board, a state agency, because he seeks correction of constitutional violations. This exception to state immunity applies only to claims against state officials for prospective in *591 junctive relief, and so the district court’s grant of summary judgment in favor of the Board was not erroneous. See Natural Res. Def. Council v. California Dep’t of Transp., 96 F.3d 420, 421-22 (9th Cir.1996).

Hopkins contends that the district court erred in concluding that he could not seek certain relief because he had been released from prison and thus…

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