Aiona

John Aiona and twelve other persons appeal the district court’s dismissal of their 42 U.S.C. § 1983 action challenging the constitutionality of Hawaii’s “Administrative Revocation of Driver’s License” statute, Haw.Rev. Stat. § 286-251 et seq. The plaintiffs, whose drivers’ licenses were revoked under the statute for driving while intoxicated, sought declaratory and injunctive relief. The district court dismissed the action on the grounds that (1) the claims of eight of the plaintiffs were moot because their license revocations were rescinded during state court proceedings and (2) it was required to abstain under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), from hearing the claims of the remaining five plaintiffs.

We review de novo the district court’s dismissal of the action as moot. Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir.1985), cert. denied, 475 U.S. 1019 , 106 S.Ct. 1206 , 89 L.Ed.2d 319 (1986). We also review de novo the district court’s decision to abstain under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). Kenneally v. Lungren, 967 F.2d 329, 331 (9th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 979 , 122 L.Ed.2d 133…