Carmen Jones v. Nevada Bd of Medical Examiners

U.S. Court of Appeals for the Ninth Circuit March 23, 2016

Carmen Jones v. Nevada Bd of Medical Examiners, 645 F. App'x 568 (9th Cir. 2016)

Opinion

MEMORANDUM **

Carmen Jones brought this lawsuit under 42 U.S.C. § 1983 against the State of Nevada Board of Medical Examiners ("NBME”). The district court dismissed the case with leave to amend on the ground that the Eleventh Amendment proscribes lawsuits against a state or its agencies in federal court, see Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100-02, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984), and that NBME is a state agency, Buckwalter v. Nev. Bd. of Med. Exam’rs, 678 F.3d 737, 740 n. 1 (9th Cir. 2012). Jones then declined to file an amended complaint. The district court was, of course, correct to dismiss the case.

AFFIRMED.

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

Reference

Full Case Name: Carmen JONES, Dr., Plaintiff-Appellant, v. State of NEVADA BOARD OF MEDICAL EXAMINERS, Defendant-Appellee
Status: Unpublished