United States Ninth Circuit

In a suit under 42 U.S.C. section 1983 brought by a doctor against members of a state medical board in their individual capacities, alleging that the board members deprived him of his constitutional rights when, in an ex parte emergency proceeding, they summarily suspended his authority to prescribe medication, the district court's dismissal of the plaintiff's claims is affirmed, where: 1) the board members were absolutely immune from the plaintiff's claims for money damages, since their actions were judicial in nature; and 2) Younger abstention barred the plaintiff's claims for equitable relief, as the board's administrative process was ongoing.

Appellate Information

• Decided 04/26/2012
• Published 04/26/2012

Judges

• Paez

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jacob Hafter, Frank Gilmore