Taggart

Taggart v. State Bar

Good Law
57 F. App'x 757
United States Court of Appeals for the Ninth CircuitMarch 13, 2003No. 02-16760; D.C. No. CV-S-01-1537 MCE/PANCalifornia307 words

Opinion

Lead Opinion

MEMORANDUM **

Tim Taggart appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 complaint against the State Bar of California (“Bar”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de *758 novo, see Fireman’s Fund Ins. Co. v. City of Lodi 302 F.3d 928, 939 (9th Cir.2002), and we affirm.

The district court did not err in dismissing Taggart’s action on Eleventh Amendment grounds. The Eleventh Amendment bars private parties from suing states in federal court. Douglas v. Cal. Dep’t of Youth Authority, 271 F.3d 812, 817 (9th Cir.2001). The California State Bar, and its associated hearings tribunals and review courts, are arms of the state. See Hirsh v. Justices of Supreme Court of Cal., 67 F.3d 708 , 715 (9th Cir.1995). Tag-gart’s complaint does not name any state employees, either in their individual or official capacities, nor does it allege that California waived its immunity, or that Congress abrogated it. See Douglas, 271 F.3d at 817-18 (identifying exceptions to Eleventh Amendment immunity). Furthermore, we reject Taggart’s contention that the Bar’s immunity does not extend to his claims for injunctive and declaratory relief, because Eleventh…

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