Lindley

MEMORANDUM *

The Center for Legal Studies, Inc., and its director, Scott Hatch, (collectively, “the Center”) appeal from the district court’s entry of summary judgment for defendants. The Center appeals only on the claims it asserted against defendant David Young in his individual capacity. 1 The Center’s action alleged that Young, an official of the State of Oregon’s Office of Degree Authorization (“ODA”), misused his official position to unreasonably restrict the Center’s ability to offer paralegal training courses. The Center argues that the district court erred in (1) ruling that Young is immune from liability because he was acting within the scope of his state employment; (2) failing to rule on its motion for further discovery; and (3) ruling that Young did not violate its constitutional rights. On de novo review, see Aguilera v. Pirelli Armstrong Tire Corp., 223 F.3d 1010,1014 (9th Cir.2000), we affirm.

I

The Center first argues that Young was not acting within the scope of his employment because Oregon has no regulatory authority over its program. The Center is mistaken. See Or.Rev.Stat. § 345.010(4) (1999) and Or. Rev. Stat. § 345.015 (8) (1999). Section 345.015(8) does…