Gordon H. Flattum v. State of California Department of Consumer Affairs;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GORDON H. FLATTUM,
Plaintiff - Appellee,
v.
STATE OF CALIFORNIA
DEPARTMENT OF CONSUMER
AFFAIRS; et al.,
Defendants,
LORRIE YOST,
Defendant,
And
PATTI BOWERS,
Defendant - Appellant.
No. 14-15903
D.C. No. 2:11-cv-02711-LKK-
GGH
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
FILED
JUN 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Defendant Patti Bowers appeals from the district court’s order denying her
motion to dismiss on the ground of absolute immunity. We have jurisdiction under
28 U.S.C. § 1291. Stapley v. Pestalozzi, 733 F.3d 804, 809 (9th Cir. 2013). We
review de novo. Id. We reverse.
The district court erred in denying Bowers absolute immunity because
Flattum alleges that Bowers signed and published a Statement of Issues containing
statements Bowers knew or should have known were false, and Bowers is entitled
to absolute immunity from damages with respect to these allegations. See Romano
v. Bible, 169 F.3d 1182, 1186 (9th Cir. 1999) (“Absolute immunity extends to
agency officials when they . . . initiate agency adjudication . . . .”); see also Cal.
Gov’t Code § 11504 (“A hearing to determine whether a . . . license . . . should be
granted . . . shall be initiated by filing a statement of issues.”). To the extent
Flattum asserts additional allegations against all defendants, he fails to allege facts
as to Bowers sufficient to state any plausible claims. See Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
14-15903 2

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factual matter, accepted as true, to state a claim to relief that is plausible on its
face” (citation and internal quotation marks omitted)).
Bowers’s unopposed motion to take judicial notice of documents, filed on
September 10, 2013, is granted.
REVERSED and REMANDED.
14-15903 3

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