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Rolando Jimenez v. Mark Conrad, Doris Dottridge, Candace Kochin, Laticia Munoz, Pamela

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Before Lynch, Chief Judge, Souter, Associate Justice, *fn1 and Stahl, Circuit Judge.

In 1982, a Massachusetts jury found Rolando Jimenez guilty of the parolable offense of second degree murder for killing a police officer, simultaneously acquitting him of murder in the first degree, conviction of which would have carried no possibility of parole. The Massachusetts Parole Board denied his parole applications in 1999, 2004, and 2009, and he then brought this action under 42 U.S.C. § 1983 for declaratory and injunctive relief to rectify claimed violations of rights to due process and equal protection guaranteed by the Fourteenth Amendment, as well as infringements of guarantees under the Commonwealth’s counterparts to the federal provisions, as set out in pendant claims. The defendants are the six members of the Board, named in their official capacities, each of whom voted to deny parole.*fn2 The District Court granted their motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.

The trial judge found specific relief barred by § 1983′s prohibition of injunctions against “judicial” officers. As to declaratory relief, the judge held that no federal due process or equal protection claim was stated and dismissed the state claims in part because of the disposition of the federal ones. On de novoreview, Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir. 2012), we affirm because Jimenez has stated no federal claim on which relief may be granted.

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