Michael S. Yellen v. Jill Hasegawa; South Kohala District Court Clerks; Hawaii Supreme Court

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL S. YELLEN,
Plaintiff-Appellant,
v.
JILL HASEGAWA; SOUTH KOHALA
DISTRICT COURT CLERKS; HAWAII
SUPREME COURT,
Defendants-Appellees.
No. 22-16882
D.C. No. 1:22-cv-00379-JMS-KJM
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, District Judge, Presiding
Submitted August 15, 2023**
Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.
Michael S. Yellen appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action arising out of state court proceedings. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Cholla Ready Mix,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004) (dismissal under Federal Rule of
Civil Procedure 12(b)(6) and on the basis of Eleventh Amendment immunity);
Romano v. Bible, 169 F.3d 1182, 1186 (9th Cir. 1999) (dismissal on the basis of
judicial immunity). We affirm.
The district court properly dismissed Yellen’s action against Judge
Hasegawa and the South Kohala District Court Clerks in their official capacities
because they are entitled to Eleventh Amendment immunity. See Lund v. Cowan,
5 F.4th 964, 969 (9th Cir. 2021) (explaining that state court judges “sued in their
official capacities are generally entitled to Eleventh Amendment immunity”);
Krainski v. Nev. ex rel. Bd. of Regents of Nev. Sys. of Higher Educ., 616 F.3d 963,
967 (9th Cir. 2010) (“The Eleventh Amendment jurisdictional bar applies
regardless of the nature of the relief sought and extends to state instrumentalities
and agencies.”).
The district court properly dismissed Yellen’s action against Judge
Hasegawa and the South Kohala District Court Clerks in their individual capacities
because they are entitled to judicial immunity. See Acres Bonusing, Inc. v.
Marston, 17 F.4th 901, 916 (9th Cir. 2021) (“Court clerks have absolute quasi-
judicial immunity from damages for civil rights violations when they perform tasks
that are an integral part of the judicial process.” (citation omitted)); Olsen v. Idaho
State Bd. of Med., 363 F.3d 916, 922 (9th Cir. 2004) (holding state court judges are

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absolutely immune from suits for damages for acts undertaken in judicial
capacity).
AFFIRMED.

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