Legal Opinion

Bollinger v. Oregon State Board of Parole & Post-Prison Supervision

Court of Appeals for the Ninth Circuit

Decided December 22, 2003No. 02-35685; D.C. No. CV-01-01604-GMKPublishedCited by 1 opinion

1Opinion of the Court

*261MEMORANDUM *

Edward Bollinger, a state prisoner who disagreed with state officials about his right to refuse release on parole, sued the Oregon State Board of Parole and Post-Prison Supervision, et al. (the “Board”), to recover damages under 42 U.S.C. § 1983. The district court granted the Board’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, ruling that the statute of limitations barred Bollinger’s action and that the Board was entitled to qualified immunity. Because neither ground relied upon by the district court can be sustained, we reverse and remand for further proceedings.

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2Cases cited10 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  4. Elder v. HollowaySupreme Court of the United States · 1994
  5. Galbraith v. County Of Santa ClaraCourt of Appeals for the Ninth Circuit · 2002

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3Cited by1 opinion

  1. Bollinger v. OregonCourt of Appeals for the Ninth Circuit · 2006

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