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Cruz v. Skelton

United States Court of Appeals, Fifth Circuit
Dec 16, 1974
502 F.2d 1101 (5th Cir. 1974)

Summary

holding that a state's board of pardons and paroles is entitled to absolute immunity in refusing parole to a prisoner because the board performs adjudicatory roles which are the functional equivalent of judges

Summary of this case from Fleming v. Dowdell

Opinion

No. 74-1513. Summary Calendar.

Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

October 14, 1974. Rehearing and Rehearing En Banc Denied December 16, 1974.

Robert B. Cruz, pro se.

John L. Hill, Atty. Gen., Austin, Tex., Calvin Botley, Houston, Tex., for defendants-appellees.

Appeal from the United States District Court for the Western District of Texas.

Before COLEMAN, DYER and RONEY, Circuit Judges.



Robert B. Cruz, Jr., a prisoner of the State of Texas, sued the three members of the Texas Board of Pardons and Paroles under the Civil Rights Act. Cruz prayed for compensatory and punitive damages for their refusal to grant him parole; a declaratory judgment that he is entitled to be paroled; and an injunction against the board members' denial of his parole rights. The district court dismissed the complaint sua sponte for failure to state a claim. We affirm.

The appellant's claim for monetary damages arose from the board members' failure to grant him parole. The district court held that the board members are immune from suit for damages under the Civil Rights Act, citing as authority Silver v. Dickson, 9 Cir., 1968, 403 F.2d 642, cert. denied, 394 U.S. 990, 89 S.Ct. 1477, 22 L.Ed.2d 765 (1969). The Ninth Circuit stated its holding in Silver as follows:

"In our opinion the members of the California Adult Authority and other state officials are, while employed in the processing of applications for parole, performing quasi-judicial functions. They therefore have immunity from suits for damages under the Civil Rights Act, just as do other public employees engaged in the performance of quasi-judicial duties. * * *" 403 F.2d at 643.

We are in full agreement with the Ninth Circuit's decision, and accordingly with the ruling below based on it. See, also, Keeton v. Procunier, 9 Cir., 1972, 468 F.2d 810, cert. denied, 411 U.S. 987, 93 S.Ct. 2276, 36 L.Ed.2d 965.

The district court denied appellant Cruz's claims for declaratory and injunctive relief on authority of Preiser v. Rodriquez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439. The court below held that since the relief sought by Cruz was release from confinement, his proper federal remedy would be habeas corpus after exhaustion of his available state remedies. We agree. 28 U.S.C. § 2254(b); Keeton v. Procunier, supra.

The judgment of the district court dismissing appellant's complaint is due to be, and is hereby,

Affirmed.


Summaries of

Cruz v. Skelton

United States Court of Appeals, Fifth Circuit
Dec 16, 1974
502 F.2d 1101 (5th Cir. 1974)

holding that a state's board of pardons and paroles is entitled to absolute immunity in refusing parole to a prisoner because the board performs adjudicatory roles which are the functional equivalent of judges

Summary of this case from Fleming v. Dowdell

granting absolute immunity to parole board members when they are "engaged in the performance of quasi-judicial duties"

Summary of this case from Hulsey v. Owens

granting absolute immunity to parole board members when they are "engaged in the performance of quasi-judicial duties"

Summary of this case from Jackson v. City of Natchitoches

granting absolute immunity to parole board members when they are "engaged in the performance of quasi-judicial duties"

Summary of this case from Moore v. Louisiana Parole Board

recognizing that state officials who process applications for parole perform quasi-judicial functions

Summary of this case from Sullivan v. Smith

In Cruz, 502 F.2d at 1101-02, this Court first addressed the issue of immunity for parole board members and held that members of the Texas Board of Pardons and Paroles were absolutely immune for refusing to grant parole.

Summary of this case from Johnson v. Kegans

In Cruz, however, the plaintiff petitioner challenged not the validity of the parole decision procedure, but the validity of the denial of parole.

Summary of this case from Gwin v. Snow
Case details for

Cruz v. Skelton

Case Details

Full title:ROBERT B. CRUZ, JR., PLAINTIFF-APPELLANT, v. WILLIAM H. SKELTON, CHAIRMAN…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 16, 1974

Citations

502 F.2d 1101 (5th Cir. 1974)

Citing Cases

Johnson v. Kegans

98 S.Ct. at 2913-14. Thus, for example, federal hearing examiners and administrative law judges, id. at 2914,…

Hulsey v. Owens

This circuit first granted absolute immunity to a parole board member over fifteen years ago. See Cruz v.…