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THORNTON v. BROWN

No. 11-56146.

724 F.3d 1255 (2013)

William Cecil THORNTON, Plaintiff-Appellant, v. Edmund G. BROWN, Jr., Governor of California; Matthew Cate, Secretary of Corrections; Lewis, John Doe, Parole Unit Supervisor; Mark Joseph, Parole Agent; Christine Cavalin, Parole Agent; John Doe #1, Parole Agent, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2013.

Attorney(s) appearing for the Case

Karen Gal-Or (argued) and Craig E. Stewart , Jones Day, San Francisco, CA, for Plaintiff-Appellant.

Jose A. Zelidon-Zepeda (argued) , Deputy Attorney General; Kamala D. Harris , Attorney General of California; Jonathan L. Wolff , Senior Assistant Attorney General; Thomas S. Patterson , Supervising Deputy Attorney General, San Francisco, CA, for Defendants-Appellees.

Opinion by Judge GRABER; Dissent by Judge IKUTA.

OPINION

GRABER, Circuit Judge:

In this civil rights action under 42 U.S.C. § 1983, Plaintiff William Cecil Thornton brings a constitutional challenge to the imposition and enforcement of two conditions of his parole: a residency restriction and a requirement that he submit to electronic monitoring using a Global Positioning System ("GPS") device. Citing Preiser v. Rodriguez, 411 U.S. 475, 489-90, 93 S.Ct. 1827...

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