Stein v. Ryan, et al., No. 10-16527 (9th Cir. 2011)
Annotate this CasePlaintiff appealed from the judgment of the district court dismissing his action against the State of Arizona and individual officials employed by the Arizona Department of Corrections for alleged negligence and alleged violations of his civil rights where plaintiff spent just over three years in prison pursuant to an erroneous sentence. The district court held that plaintiff failed to state a claim for which relief could be granted and plaintiff appealed. The court held that the district court properly dismissed plaintiff's negligence claim where the court did not believe that the Arizona Supreme Court would hold that the Department - an agency within Arizona's executive department - had the authority, much less the duty, to ensure that judicial orders complied with the law. Because plaintiff did not allege a violation of his Eight or Fourteenth Amendment rights by defendants, they were immune from action. Accordingly, the judgment was affirmed.
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