U.S. Court of Appeals for the Ninth Circuit, 2007

Association of American Physicians & Surgeons v. Brewer

U.S. Court of Appeals for the Ninth Circuit · Decided July 18, 2007 · Gould, Noonan, Rawlinson

494 F.3d 1145; 2007 U.S. App. LEXIS 17003; 2007 WL 2044223 (Federal Reporter, Third Series)

Counsel

Tim Keller, Esq., Scott G. Bullock, Esq., Institute for Justice, Phoenix, AZ, Plaintiffs-Appellants., Deborah Goldberg, Esq., Brennan Center for Justice, New York, NY, Timothy M. Hogan, Esq., Arizona Center for Law in the Public Interest, Phoenix, AZ, Joy E. Herr-Cardillo, Esq., Tucson, AZ, for In-tervenors-Appellees., Craig W. Soland, Peter A. Silverman, Esq., Office of the Arizona, Attorney General, Phoenix, AZ, for Defendants-Appel-lees.

Cases that cite this one

1 later published case cites this decision.

ASS'N OF AMERICAN PHYSICIANS & SURGEONS v. Brewer (9th Cir. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ORDER

Dean Martin’s petition for rehearing en banc is construed as a petition for rehearing by the panel and is GRANTED.

Under binding precedent, his case is not moot. Caruso v. Yamhill County, 422 F.3d 848, 853-854 (9th Cir. 2005). We have jurisdiction. The judgment of the district court dismissing his case for money damages brought against officers of the State of Arizona acting in their official capacities is affirmed. The suit is barred by the Eleventh Amendment. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989).

The remainder of his complaint, seeking an injunction against enforcement of A.R.S. § 16-9121(A) states a cause of action. We remand this portion of the case to the district court with instructions to permit further development.

AFFIRMED in part. REVERSED in part. REMANDED.

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