James Tate, Jr. v. Beverly Neyland

MEMORANDUM

Dr. James S. Tate, Jr., appeals the district court’s dismissal of his 42 U.S.C. § 1983 action against the members of the State of Nevada Board of Medical Examiners (Board Members), and against the Board itself. We affirm.

Tate asserts that the district court erred when it dismissed on Younger abstention grounds. Younger abstention applies when important state interests are implicated in ongoing state proceedings, the plaintiff has an “adequate opportunity to raise federal questions” therein and federal court action would effectively enjoin the state proceedings. Potrero Hills Landfill, Inc. v. Cnty. of Solano, 657 F.3d 876, 882 (9th Cir.2011). Those conditions were met here. The state proceedings were judicial in nature; they were ongoing; they surely did involve very important state interests; Tate had an adequate opportunity to raise his federal claims therein, and had done so; and a determination that the statute or procedure or both were unconstitutional would certainly interfere with the state action. Because damages are not sought, dismissal is the proper remedy, but, of course, that is without prejudice because it is not a decision on the merits. Thus, the…