CARVER v. LEHMAN

No. 06-35176.

550 F.3d 883 (2008)

Joseph CARVER, Plaintiff-Appellant, v. Joseph LEHMAN; Kimberly Acker; Victoria Roberts; Six to be Named Defendants, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted April 28, 2008.

Filed December 22, 2008.


Attorney(s) appearing for the Case

Rob McKenna, Sara J. Olson, and Gregory J. Rosen, Office of the Washington Attorney General, Criminal Justice Division, Olympia, WA, for the defendants-appellees.

Tyler A. Baker, Todd Gregorian, and Heather N. Mewes, Fenwick & West, LLP, Mountain View, CA, for the plaintiff-appellant.

Rob McKenna, Sara J. Olson, and Gregory J. Rosen, Office of the Washington Attorney General, Criminal Justice Division, Olympia, WA, for the defendants-appellees.

Opinion by Judge MILAN D. SMITH, JR.; Concurrence by Judge REINHARDT.


MILAN D. SMITH, JR., Circuit Judge:

This case presents the question whether a Washington state law providing for convicted sex offenders' early release into community custody creates a liberty interest that is protected under the Due Process Clause of the Fourteenth Amendment. We hold that it does not. We therefore affirm the decision of the district court denying Carver relief in this civil rights action.

Factual and Procedural Background

In August...

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