O'Keeffe

O'Keeffe v. Rimmer

Good Law
328 F. App'x 563
United States Court of Appeals for the Ninth CircuitJuly 7, 2009No. 07-15831California382 words

Opinion

Lead Opinion

MEMORANDUM **

Demian Trevor O’Keeffe, a former California state prisoner, appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging various claims, including due process violations in connection with parole decisions. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on O’Keeffe’s claims that defendants violated his due process rights in connection with the parole revocation hearings because O’Keeffe failed to raise a genuine issue of material fact as to whether any defendant was personally involved in the alleged due process violations. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989).

The district court also determined that O’Keeffe failed to raise a triable issue as to whether any defendant was personally involved in failing to notify O’Keeffe that he had been retained on parole. We affirm as to defendants Richard Rimmer, Carol Daly, and Robert Stinson. However, as to defendant Karla Erkenbrecher, the evidence, construed in the light most…

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