Charles S. Gilmore v. Mr. Gordon and Mr. Lawson, Members California Adult Authority

Ninth Circuit

Charles S. Gilmore v. Mr. Gordon and Mr. Lawson, Members California Adult Authority

422 F.2d 860, 1970 U.S. App. LEXIS 10465

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 4, 1970

Docket23487

StatusPublished

This text of 422 F.2d 860 (Charles S. Gilmore v. Mr. Gordon and Mr. Lawson, Members California Adult Authority) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles S. Gilmore v. Mr. Gordon and Mr. Lawson, Members California Adult Authority, 422 F.2d 860, 1970 U.S. App. LEXIS 10465 (9th Cir. 1970).

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Opinion

PER CURIAM:

Charles S. Gilmore appeals from an order dismissing his action for $2,200,000 against the members of the California Adult Authority individually under the Civil Rights Act. 1

In 1955, Gilmore was convicted of grand theft in California. While on parole, he was convicted of first degree robbery and sentenced to a prison term from five years to life. After his robbery conviction, Gilmore’s parole was revoked. In 1968, the California Adult Authority reviewed Gilmore’s robbery sentence and modified it to life imprisonment.

Gilmore contends that the members of the California Adult Authority violated his constitutional rights because they modified his sentence without giving him a proper hearing. He also contends that they acted without statutory authority because his robbery conviction was illegal.

The members of the California Adult Authority are immune from actions for damages arising out of the performance of their official duties. Silver v. Dickson, 403 F.2d 642 (9th Cir. 1968).

Affirmed.

1

. 28 U.S.C. § 1343 and 42 U.S.C. §§ 1983 and 1985.

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