Daniel Tanner v. Anita Phillips

MEMORANDUM

Daniel J. Tanner appeals from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising from defendants’ denial of Tanner’s application for a special effects permit. 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). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm.

The district court properly dismissed Tanner’s state law claim for reckless interference with economic activity because Tanner failed to comply with the Oregon Tort Claims Act’s mandatory notice provisions. See Or. Rev. Stat. § 30.275 (1), 2(b) (requiring notice of claim within 180 days after the alleged loss or injury for any “action arising from any act or omission of a public body or an officer, employee, or agent of a public body”).

The district court properly dismissed Tanner’s federal claim against the State of Oregon and defendant Phillips in her official capacity on the basis of Eleventh Amendment immunity. See Krainski v. Nev. ex. rel. Bd. of Regents of Nev. Sys. of Higher Educ., 616 F.3d 963, 967 (9th Cir. 2010) (the Eleventh…