Scheer v. Kelly

(United States Ninth Circuit) – In a 42 U.S.C. section 1983 action, brought by plaintiff attorney challenging California’s procedures for attorney discipline, the district court’s dismissal of the complaint is affirmed where: 1) plaintiff’s as-applied challenge is barred by the Rooker-Feldman doctrine; 2) plaintiff’s facial claims were not time-barred because the State Bar misread the relevant circuit precedent concerning the statute-of-limitations; 3) plaintiff’s facial claims have already been rejected by the Supreme Court of California and plaintiff received adequate notice and opportunity for a hearing; and 4) California’s decision to regulate lawyers principally through the State Bar of California is constitutional.