Southern California Institute of Law v. State Bar of California

MEMORANDUM

The Southern California Institute of Law (SCIL) appeals the district court’s dismissal of its federal constitutional claims against members of California’s Committee of Bar Examiners (CBE). As the facts are known to the parties, we repeat them only as necessary to explain our decision.

We need not decide whether Appellees enjoy absolute immunity in this case, because SCIL has failed to allege a cognizable injury. The letter SCIL received from CBE had no legal consequence; by sending it, CBE did not “make any decision or take any state action affecting [SCIL’s] rights, benefits, relationship or status with the state.” Gini v. Las Vegas Metro. Police Dep’t, 40 F.3d 1041, 1045 (9th Cir.1994). Rather, the letter simply notified SCIL that CBE was contemplating taking action against the school, and would do so if SCIL failed to correct its conduct. This mere warning of potential action against SCIL does not give rise to the school’s constitutional claims. See Corales v. Bennett, 567 F.3d 554, 565 (9th Cir.2009) (“Plaintiffs do not have a retaliation claim based on threats of discipline for First Amendment activity if that threat is itself based upon lawful consequences and…