Gilbertson

Gilbertson v. Albright

Good Law
350 F.3d 1030·2003 WL 22833124·2003 Cal. Daily Op. Serv. 10274·2003 U.S. App. LEXIS 24183
United States Court of Appeals for the Ninth CircuitDecember 1, 2003No. 02-35460California1,552 words

Opinion

Lead Opinion

Graber, J.

The question we decide here is whether the doctrine of Younger 1 abstention, on which the district court relied in entering a dismissal, barred this civil rights action. We answer “no” and, therefore, reverse and remand for further proceedings.

BACKGROUND

Plaintiff Paul Douglas Gilbertson was a land surveyor who, since 1983, had held an *980 Oregon license to survey, issued by the State Board of Examiners for Engineering and Land Surveying (the “Board”). During his time as a surveyor, Plaintiff was an outspoken opponent of certain of the Board’s policies regarding the authority granted to county surveyors. In 1995, the deputy surveyor for Clackamas County filed a complaint with the Board relating to Plaintiffs performance. The complaint was assigned to a Board member with whom Plaintiff had a disagreement.

On January 10, 1998, the Board revoked Plaintiffs license on the ground that he was incompetent. The Board then granted Plaintiffs request to take the land surveyor licensing examination in April 1998. Plaintiff passed the examination; indeed, he received the highest score in Oregon on one portion of the test. The Board granted a license to every person who passed…

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