In a 42 U.S.C. section 1983 action alleging that Defendant officials breached their duty to monitor whether Plaintiff's sentence was void and take steps to effectuate his release, the dismissal of the complaint is affirmed in part, where Plaintiff's federal claims were barred by prosecutorial immunity; but reversed in part, where Plaintiff's state law claims were not subject to an immunity defense.
Appeal from the United States District Court for the Northern District of California. Saundra B. Armstrong, District Judge, Presiding.
Argued and Submitted April 13, 2009--San Francisco, California
Filed June 15, 2009
Before Thomas G. Nelson, Andrew J. Kleinfeld, and Milan D. Smith, Jr., Circuit Judges.
Opinion by Judge Milan D. Smith, Jr.