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Sprague v. Medical Board of California

United States Court of Appeals, Ninth Circuit
Nov 2, 2010
402 F. App'x 275 (9th Cir. 2010)

Opinion

No. 09-56136.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 2, 2010.

Margaret Melinda Sprague, pro se.

Michael P. Cayaban, Esquire, AGCA — Office of the California Attorney General, Kristin Grace Hogue, Supervising Deputy Attorney General, San Diego, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California, Janis L. Sammartino, District Judge, Presiding. D.C. No. 3:07-cv-01561-JLSLSP.

Before: O'SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Margaret Melinda Sprague appeals pro se from the district court's judgment dismissing her 42 U.S.C. § 1983 action arising from the revocation of her license to practice medicine. We have jurisdiction under to 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.

The district court properly dismissed Sprague's claims seeking damages and retrospective equitable relief against the Medical Board of California and the individual defendants because her claims were barred by various doctrines of immunity. See Briscoe v. LaHue, 460 U.S. 325, 335, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (witnesses are "integral parts of the judicial process" and are shielded by immunity); Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 923 (9th Cir. 2004) ("agency representatives performing functions analogous to those of a . . . judge" are immune from civil damages suits); Prod. Leasing, Ltd. v. Hotel Conquistador, Inc., 709 F.2d 21, 21-22 (9th Cir. 1983) (per curiam) (Eleventh Amendment immunity applies to actions naming state agencies or state officials sued in their official capacity).

The district court properly dismissed Sprague's claim seeking prospective equitable relief because the defendants could not effectuate the requested relief. See Demery v. Kupperman, 735 F.2d 1139, 1143, 1151 (9th Cir. 1984).

We do not consider Sprague's claims raised for the first time on appeal. See Bias v. Moynihan, 508 F.3d 1212, 1223 (9th Cir. 2007).

Sprague's remaining contentions are unpersuasive.

Sprague's motions seeking judicial notice are denied.

AFFIRMED.


Summaries of

Sprague v. Medical Board of California

United States Court of Appeals, Ninth Circuit
Nov 2, 2010
402 F. App'x 275 (9th Cir. 2010)
Case details for

Sprague v. Medical Board of California

Case Details

Full title:Margaret Melinda SPRAGUE, Plaintiff-Appellant, v. The MEDICAL BOARD OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 2, 2010

Citations

402 F. App'x 275 (9th Cir. 2010)

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