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MILLER v. DAVIS

No. 06-55538.

521 F.3d 1142 (2008)

Donald A. MILLER, Plaintiff-Appellant, v. Gray DAVIS, as an individual, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2008.

Attorney(s) appearing for the Case

Richard Hamlish, Westlake Village, CA, for the plaintiff-appellant.

Bill Lockyer, Attorney General for the State of California; James M. Humes, Chief Assistant Attorney General; Frances T. Grander, Senior Assistant Attorney General; and Thomas Patterson and Rene L. Lucaric, Supervising Deputy Attorneys General, for defendants-appellees, Davis, Schwarzenegger, Rich, Duncan, BPH, CDCR, Ortega, Gillis, Lushcough, Koenig, Bordonaro, and Bentley.

Before: D.W. NELSON and STEPHEN REINHARDT, Circuit Judges, and LOUIS F. OBERDORFER, Senior Judge.

REINHARDT, Circuit Judge:

The California Constitution authorizes the Governor to review a state parole board's decision granting, denying, revoking, or suspending parole "of a person sentenced to an indeterminate term upon conviction of murder." Cal. Const. art. V, § 8(b). We are asked to decide whether the Governor is entitled to absolute quasi-judicial immunity for his reversal of a parole board's grant of parole...

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