Alexander Marn v. McCully Associates

Good Law
667 F. App'x 978
United States Court of Appeals for the Ninth CircuitAugust 5, 201614-15169California454 words

Opinion

Opinion

MEMORANDUM

Appellants appeal from the district court’s judgment dismissing their action alleging various claims arising from a state court-appointed receiver’s involvement in the winding down of a partnership. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Thompson v. Paul, 547 F.3d 1055, 1058 (9th Cir. 2008). We affirm in part and dismiss in part.

To the extent that appellants sought in-junctive relief or money damages against Hayes, the district court properly dismissed their § 1983 claim because as a state court-appointed receiver, Hayes was entitled to absolute quasi-judicial immunity for actions undertaken pursuant to, and approved by, court orders. See 42 U.S.C. § 1983 (“[I]n any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.”); Mireles v. Waco, 502 U.S. 9, 9 , 112 S.Ct. 286 , 116 L.Ed.2d 9 (1991) (per curiam) (generally, judges have absolute immunity from damages); New Alaska Dev. Corp. v.…

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