Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of Transportation

Nano Maldonado appeals the district court’s dismissal of his action under 42 U.S.C. § 1983 , which raises several First Amendment challenges to California’s Outdoor Advertising Act. The district court held that, insofar as Maldonado’s constitutional claims were ripe for review, it lacked jurisdiction to review them under the Rooker-Feldman doctrine. The district court also held that some of Maldonado’s challenges were precluded under California law because of Maldonado’s failure to raise the claims in an earlier state proceeding. Based on these findings, the district court granted the defendant’s motion to dismiss. Maldonado brought this timely appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

I. Background and Procedural History

This case is the latest chapter in a long-running dispute between Maldonado and the California Department of Transportation (“Caltrans”). Since 1991, Maldonado has owned a commercial building adjacent to U.S. Highway 101 in Redwood City, California, as well as a double-sided billboard that is mounted on the roof of the building. Caltrans is responsible for enforcing California’s Outdoor Advertising Act (“COAA” or “the Act”),…