U.S. Court of Appeals for the Tenth Circuit
Gardner v. State of New Mexico
September 9, 2026
Summary
The Tenth Circuit reviewed the district court's dismissal of Gardner's suit against the State of New Mexico and its officials. It affirmed the dismissal of claims barred by Eleventh Amendment immunity, held that Ex parte Young permits Gardner to sue state officials for reinstatement of his dental license and vacated that portion of the dismissal, and found that Younger abstention no longer applied because the state proceeding had ended. The court remanded for further proceedings on the reinstatement claims.