Case Conclusion Date: 03.05.1992
Practice Area: Litigation
Outcome: Motion to dismiss granted
Description: Attorney brought action under Â§ 1983 seeking to prevent the Georgia State Bar from proceeding with disciplinary action against him. After the Georgia Supreme Court entered judgment suspending plaintiff from the practice of law for two years, plaintiff filed motion to restrain the State Bar from implementing judgment. On defendants' motions to dismiss, the District Court, Forrester, J., held that: (1) district court lacked subject matter jurisdiction over action in which plaintiff was asking district court to act as appellate court to review decision of state's highest court, since proper forum was the United States Supreme Court; (2) State Bar rules governing initiation of disciplinary proceedings did not violate due process or equal protection; (3) doctrine of absolute judicial immunity precluded claims for money damages; and (4) suit was also barred by the Eleventh Amendment.