Brown v. Mortuary & Cemetery Board
Docket: No. 04-35688
Court: Court of Appeals for the Ninth Circuit; May 16, 2005; Federal Appellate Court
Theodore Paul Brown, Sr. appeals the dismissal of his action under 42 U.S.C. 1983, alleging racial discrimination in the revocation of his funeral establishment license by the State of Oregon’s Mortuary and Cemetery Board. The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the dismissal de novo. The court affirms the district court's dismissal of Brown's claims against the Board in its official capacity, stating that the Board does not qualify as a "person" under 42 U.S.C. 1983, following precedent in Will v. Michigan Department of State Police. Claims against Board officials in their individual capacities were dismissed due to quasi-judicial immunity, as their actions were taken in a judicial context. The district court was not obligated to notify Brown of deficiencies in his complaint or allow amendments before dismissal because he was represented by an attorney. While Brown had the right to amend his complaint after dismissal since no responsive pleading had been filed by the defendants, he waived this right by not doing so. The court also declines to address Brown's argument regarding the adequacy of his opportunity to respond to the defendants' immunity claim, as this was not raised in the district court. The court’s decision is affirmed, and the disposition is not to be published or cited in future cases except as permitted by Ninth Circuit Rule 36-3.