Paul Hupp v. Jeffrey Freedman

FILED
NOT FOR PUBLICATION APR 14 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PAUL HUPP, No. 12-55175
Plaintiff - Appellant, D.C. No. 3:11-cv-02337-IEG-RBB
v.
MEMORANDUM*
JEFFREY HOWARD FREEDMAN,
individually and in his official capacity as
“Pro Tem Administrative Law Judge”,
individually, jointly, and severally,
Defendant - Appellee.
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Paul Hupp appeals pro se from the district court’s judgment dismissing his
42 U.S.C. § 1983 action alleging constitutional violations and state law claims in
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
connection with the denial of his application for a temporary teaching permit. We
review de novo. Sadosky v. Mosley, 435 F.3d 1076, 1077 n.1 (9th Cir. 2006). We
affirm.
The district court properly dismissed Hupp’s action because Freedman is
entitled to judicial immunity. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916,
923 (9th Cir. 2004) (explaining that judges functioning in their judicial capacities
are generally entitled to judicial immunity and setting fourth factors for
determining whether an official’s functions are quasi-judicial in nature); Hirsch v.
Justices of the Supreme Court, 67 F.3d 708, 715 (9th Cir. 1995) (per curium)
(concluding that administrative law judges are entitled to quasi-judicial immunity);
O’Neil v. City of Lake Oswego, 642 F.2d 367, 368-70 (9th Cir. 1981) (extending
judicial immunity to a pro tem judge and discussing the distinction between acts
taken “in clear absence of all jurisdiction” and those taken merely “in excess of
jurisdiction”).
AFFIRMED.
2 12-55175