Eric Dover v. Kathleen Haley, Jd

Good Law
616 F. App'x 295
United States Court of Appeals for the Ninth CircuitSeptember 8, 201513-36183California259 words

Opinion

Opinion

MEMORANDUM

Eric A. Dover, MD, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated when state officials revoked his medical license. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal based on absolute immunity, Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004), and we affirm.

The district court properly dismissed the claims against Administrative Law Judge Barber on the basis of judicial immunity. See Romano v. Bible, 169 F.3d 1182, 1186-87 (9th Cir.1999) (state officials presiding over hearings entitled to absolute immunity).

The district court properly dismissed the claims against Kroger and Foote on the basis of prosecutorial immunity. See Fry v. Melaragno, 939 F.2d 832, 837 (9th Cir.1991) (attorneys representing the government in litigation entitled to absolute immunity).

The district court properly dismissed the claims against the remaining defendants because the alleged constitutional violations arose from the performance of functions that “are inherently judicial in nature,” Mishler v. Clift, 191 F.3d 998, 1008 (9th Cir.1999) (absolute…

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