Romano

Romano v. Bible

Good Law
169 F.3d 1182·99 Daily Journal DAR 1907·1999 WL 95491·1999 U.S. App. LEXIS 3017·99 Cal. Daily Op. Serv. 1488
United States Court of Appeals for the Ninth CircuitFebruary 26, 1999No. 97-17019California2,433 words

Opinion

Lead Opinion

Ferguson, J.

Frank Romano voluntarily relinquished his gaming license and later wanted it back, claiming that the defendants violated his due process and equal protection rights. When the Nevada Gaming Commission refused to revisit the issue, Frank and Maria Romano brought this action for civil damages pursuant to 42 U.S.C. § 1983 against the Nevada Attorney General and current and former members of the Nevada Gaming Commission and the Nevada Gaming Control Board. The Romanos contend that the defendants violated their constitutional rights by depriving Mr. Romano of his gaming license. The district court granted the state defendants’ motion to dismiss on seven alternate grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm on the grounds that absolute immunity and the Eleventh Amendment shield the defendants from liability.

I. BACKGROUND

We state the facts, as we must in this appeal, as they are set forth in the Romanos’ complaint. Since 1981, the Nevada Gaming Commission (“Commission”) licensed Mr. Romano to own, manufacture, and distribute gaming devices as a partner in American Coin Companies. In 1989, the Nevada Gaming Control Board (“Board”), which investigates and…

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