Reuben G. Lenske v. F. M. Sercombe, Clerk of the Supreme Court of the State Oforegon

The Oregon Supreme Court has adjudged appellant in contempt of court for practicing law while under court order of suspension of his right to practice. State ex rel. Oregon .State Bar v. Lenske, 243 Or. 477 , 405 P.2d 510 , 407 P.2d 250 (1965), cert. denied, 384 U.S. 943 , 86 S.Ct. 1460 , 16 L.Ed.2d 541 (1966). Claiming violation of his civil rights appellant has brought this suit under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 .

He seeks injunction against enforcement of the contempt order and has named as defendants the members of the Oregon Supreme Court and the Board of Governors of the Oregon State Bar. Summary judgment was rendered in favor of the defendants and this appeal followed.

The members of the State Bar Board of Governors are not proper parties. Clark v. State of Washington, 366 F.2d 678 (9th Cir. 1966); Hackin v. Lockwood, 361 F.2d 499 (9th Cir.), cert. denied, 385 U.S. 960 , 87 S.Ct. 396 , 17 L.Ed.2d 305 (1966). Upon this basis judgment is affirmed as to those appel-lees.

„ , , ,, , OD tt c n s ñoco -i Oregon contends that 28 U.S.C. § 2283 . , ,. . . . ?. precludes the granting of injunctive re- „ le . e agree.

Whether 42 U.S.C. § 1983 constitutes an exception to…