Stanley Berman v. Julie McManus

MEMORANDUM

Stanley Berman, an attorney, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations arising from state divorce and child custody proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Ta Chong Bank Ltd. v. Hitachi High Techs. Am. Inc., 610 F.3d 1063, 1066 (9th Cir.2010) (12(b)(6) dismissal). We affirm.

The district court properly determined that abstention under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 760 , 27 L.Ed.2d 669 (1971), was appropriate as to the claims against Judge McManus. See San Jose Silicon Valley Chamber of Commerce Political Action Comm. v. City of San Jose, 546 F.3d 1087, 1092 (9th Cir.2008) (discussing Younger factors); Gilbertson v. Albright, 381 F.3d 965, 977-80 (9th Cir.2004) (en banc) (Younger applies to declaratory judgments and damages actions).

The district court properly dismissed the claims against defendants Scott and Shellar based on qualified immunity because, assuming that Berman had a constitutional right to know the identity of the therapist providing treatment to his minor children, Berman did not prove that the right was clearly…