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CARVER v. LEHMAN

No. 06-35176.

528 F.3d 659 (2008)

Joseph CARVER, Plaintiff-Appellant, v. Joseph LEHMAN; Kimberly Acker; Victoria Roberts; Six to be Named Defendants, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted April 28, 2008.

Filed June 9, 2008.

Attorney(s) appearing for the Case

Tyler A. Baker, Esq., Todd Gregorian, Esq., Heather N. Mewes, Esq. (argued), Fenwick & West, LLP, Mountain View, CA, for the plaintiff-appellant.

Rob McKenna, Esq., Sara J. Olson, Esq. (argued), Gregory J. Rosen, Esq., Office of the Washington Attorney General, Criminal Justice Division, Olympia, WA, for the defendants-appellees.

Before: WARREN J. FERGUSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

REINHARDT, Circuit Judge:

This case presents the question whether Washington state law creates a liberty interest in an inmate's early release into community custody that is protected under the Due Process Clause of the Fourteenth Amendment. We hold that it does. We conclude, however, that this right was not clearly established at the time of the facts giving rise to this case. We therefore affirm the district court's grant of qualified immunity.

I. Factual...

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