Pratt v. Beckstrom

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel L. PRATT; Paul A. Liberski, Plaintiffs-Appellants, v. Darrell BECKSTROM, Chief, Bureau of Records and Driver Control, Motor Vehicle Division, Department of Justice, State of Montana, Defendant-Appellee. No. 92-35209. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1993. * Decided Nov. 12, 1993. Before: TANG, FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Daniel L. Pratt and Paul A. Liberski appeal the dismissal of their Sec. 1983 complaint, which challenges on due process grounds Montana's "implied consent" statute, Mont.Code Ann. Secs. 61-8-402, et seq., and requests declaratory and injunctive relief against the State's Bureau of Records and Driver Control. The district court held that abstention under Burford v. Sun Oil Co., 319 U.S. 315 (1943), was proper. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse. 3 * "The district court's decision to abstain is reviewed for…