Roshan v. McCauley
130 F.4th 780
9th Cir.2025Background
- Peyman Roshan, a lawyer and real estate broker, had his law license suspended by the California Supreme Court for misconduct.
- The California Department of Real Estate (DRE) then began a disciplinary proceeding to potentially suspend or revoke Roshan’s real estate license based on reciprocal discipline.
- Roshan contested the DRE’s proceeding, including attempting to subpoena and depose state judicial entities, and subsequently sued the DRE in federal court, alleging constitutional violations.
- The district court dismissed Roshan’s federal suit, citing Younger abstention to avoid interfering with ongoing state administrative proceedings.
- Roshan appealed, challenging the application of Younger abstention to the DRE’s quasi-criminal professional licensing action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Younger abstention | DRE proceeding is not quasi-criminal | DRE proceeding is quasi-criminal, state interest involved | DRE proceeding is quasi-criminal; abstention applies |
| Adequacy of State Proceedings | State review does not allow federal claims | State procedures provide meaningful opportunity for federal claims | State procedures adequate for federal claims |
| Extraordinary Circumstances Exception | DRE proceeding improper/bad faith | No harassment or bad faith shown | No exception to abstention applies |
| Interference with State Enforcement | Federal court should enjoin DRE action | Federal courts should defer to state process | Federal courts must defer to ongoing state process |
Key Cases Cited
- Younger v. Harris, 401 U.S. 37 (1971) (federal courts should abstain from interfering in certain ongoing state proceedings)
- Sprint Commc’ns, Inc. v. Jacobs, 571 U.S. 69 (2013) (clarified framework for applying Younger abstention)
- Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423 (1982) (state bar disciplinary proceedings are quasi-criminal and subject to Younger abstention)
- Baffert v. Cal. Horse Racing Bd., 332 F.3d 613 (9th Cir. 2003) (Younger abstention applies to California agency licensing discipline)
- Gibson v. Berryhill, 411 U.S. 564 (1973) (administrative revocation of professional licenses commands respect akin to court proceedings)