Khanna

Khanna v. State Bar of California

Good Law
308 F. App'x 176
United States Court of Appeals for the Ninth CircuitJanuary 14, 2009No. 07-16692California460 words

Opinion

Lead Opinion

MEMORANDUM ***

Padam Kumar Khanna appeals pro se from the district court’s judgment dismissing for failing to state a claim, his 42 U.S.C. § 1983 action alleging the State Bar of California and three of its employees violated Khanna’s constitutional rights, including his right to a fair trial, due process, equal protection and counsel. We have jurisdiction under 28 U.S.C. § 1291 . 1 We review de novo, Gonzalez v. Metro. Transp. Auth., 174 F.3d 1016 , 1018 (9th Cir.1999), and we affirm.

The State Bar is an arm of the state and is entitled to Eleventh Amendment immunity. See Hirsh v. Justices of the Supreme Court, 67 F.3d 708 , 715 (9th Cir.1995). Employees acting in their official capacities are also entitled to immunity. See id. Therefore, all claims against the State Bar and its employees in their official capacities were properly dismissed. Additionally, all claims against Judge McElroy are entitled to judicial immunity and were properly dismissed. See Mireles v. Waco, 502 U.S. 9, 12-13 , 112 S.Ct. 286, 288-89 , 116 L.Ed.2d 9 (1991); Crooks v. Maynard, 913 F.2d 699, 700 (9th Cir.1990).

The claims against the defendants in their individual capacities are also barred. Verstegen…

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