Adam

Richard Adam (“Adam”) filed a complaint in federal court under, inter alia, Title 42 U.S.C. § 1983 , claiming that Wayne Carvalho, the Chief of Police for the County of Hawaii (“Chief Carvalho”), and Stanley Haanio, a police officer for the County of Hawaii (“Officer Haanio”) violated his federal and constitutional rights. The district court dismissed with prejudice Adam’s second amended complaint against Chief Carvalho and Officer Haanio based on Younger abstention, Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), and denied Adam’s request to file a third amended complaint. In this appeal, Adam argues that the district court erred by (1) dismissing his complaint with prejudice based on the Younger doctrine and (2) denying his motion to amend his complaint a third time. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we REVERSE and REMAND.

I

Background

On a motion to dismiss, all allegations of material fact are taken as true and are construed in the light most favorable to the non-moving party. Burgert v. Lokelani Bernice Pauahi Bishop Trust, 200 F.3d 661, 663 (9th Cir.2000). Accordingly, we assume the truth of the factual allegations submitted in…