Brown

Brown v. Mortuary & Cemetery Board

Good Law
144 F. App'x 581
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-35688California365 words

Opinion

Lead Opinion

MEMORANDUM **

Theodore Paul Brown, Sr. appeals the district court’s dismissal of his action *583 brought under 42 U.S.C. § 1983 and other statutes, alleging that the State of Oregon’s Mortuary and Cemetery Board (“Board”) and its officials improperly revoked his funeral establishment license on the basis of his race. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal based on judicial immunity, Romano v. Bible, 169 F.3d 1182 , 1186 (9th Cir.1999), and a dismissal for failure to state a claim, Brunette v. Humane Soc’y, 294 F.3d 1205 , 1209 (9th Cir. 2002). We affirm.

The district court properly dismissed Brown’s claims against the Board in its official capacity because it could not constitute a “person” for the purposes of 42 U.S.C. § 1983 liability. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989).

The district court properly dismissed Brown’s claims against the Board officials in their individual capacities under the doctrine of quasi-judicial immunity because Brown’s claims are based on actions undertaken in the Board’s judicial capacity. See Romano, 169 F.3d at 1186-87.

The district court was…

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