SHEPHERD, Circuit Judge.
Seeking to enjoin a state enforcement proceeding, Gerald Geier and Stop Now! (collectively, "Stop Now!") filed this lawsuit in federal court against the Missouri Ethics Commission and several of its members (collectively, the "Commission"). The district court
Gerald Geier and others formed Stop Now!, a political action committee, in 1991 to oppose tax increases in the Kansas City area. By 2002, Stop Now! was no longer active but continued filing statements of limited activity until 2011. On April 2, 2012, the Commission brought an enforcement action against Stop Now!, alleging that it had failed to file ongoing reports and other required documentation. In response, Stop Now! brought this action in federal court against the Commission on November 20, 2012. Stop Now! alleged that the Commission's enforcement action violated the First Amendment and sought a preliminary injunction, a permanent injunction, and a declaration that Geier had no personal liability.
On November 30, 2012, the district court held a telephonic hearing and sua sponte raised the issue of whether it should abstain under the Younger doctrine.
On December 3, 2012, Stop Now! filed a motion seeking to amend its complaint to include factual allegations that Geier's political speech had been chilled as a result of the Commission's proceedings. In its motion, Stop Now! acknowledged that it "underst[ood] that the court has declined to accept jurisdiction under the Younger Abstention doctrine," but that "[t]he purpose of this Motion is to ensure that the record is complete in the Eighth Circuit." The district court then issued an order on December 5, 2012, explaining that "[p]er the Court's oral order during the hearing of 11/30/12, the Court abstains under the
Stop Now! raises two issues on appeal. First, it contends that the district court erred by refusing to allow it to amend its complaint. Second, Stop Now! argues the district court abused its discretion by abstaining under the Younger doctrine.
Stop Now! contends that the district court erred by denying its motion to amend because it was entitled to amend its pleading "as a matter of course" within 21 days after serving its complaint, citing Rule 15(a)(1)(A) of the Federal Rules of Civil Procedure. We review the district court's denial of the motion to amend a complaint for an abuse of discretion and issues regarding an amendment's futility de novo. United States ex rel. Roop v. Hypoguard USA Inc., 559 F.3d 818, 822 (8th Cir.2009). The Federal Rules of Civil Procedure allow a party to "amend its pleading once as a matter of course within... 21 days after serving it." Fed. R.Civ.P. 15(a)(1)(A). And while amendments to a party's complaint should be liberally granted, "different considerations apply to motions filed after dismissal." Dorn v. State Bank of Stella, 767 F.2d 442, 443 (8th Cir.1985) (per curiam).
We have previously held that after a court dismisses a complaint, a party's right to amend under Rule 15 terminates. Id. (citing Czeremcha v. Int'l Ass'n of Machinists & Aerospace Workers, AFL-CIO, 724 F.2d 1552, 1556 n. 6 (11th Cir.1984)). But although a party may have lost its right to amend, it could still file a motion for leave to amend its complaint. Id. Granting such a motion for leave to amend is inappropriate, however, if the district court has "indicated either that no amendment is possible or that dismissal of the complaint also constitutes dismissal of the action." Id. (quoting Czeremcha, 724 F.2d at 1556 n. 6). This distinction — between a dismissal of a complaint and a dismissal of an entire action — depends on whether the court intended the dismissal to be a final, appealable order. See Czeremcha, 724 F.2d at 1555-56. "[D]ismissing a complaint constitutes dismissal of the action when it states or clearly indicates that no amendment is possible — e.g., when the complaint is dismissed with prejudice or with express denial of leave to amend — or when circumstances otherwise indicate that no amendment is possible — e.g., when the limitations period has expired." Whitaker v. City of Houston, Tex., 963 F.2d 831, 835 (5th Cir.1992). If, however, the "order does not expressly or by clear implication dismiss the action," under Czeremcha, the order only dismissed the complaint, and thus the party may amend under Rule 15(a) with the court's permission. Id. With these principles in mind, we turn to the procedural history in this case.
Stop Now!'s attorney indicated during the telephonic hearing on November 30, 2012, that he intended to file an amended complaint alleging that his client's speech was chilled. At oral argument, counsel conceded that this statement alone did not constitute an oral motion to amend under Rule 15.
Even assuming that the action was not completely dismissed until the district court filed its December 5, 2012 order, we conclude that any error was harmless because Stop Now!'s proposed amendment to its complaint was futile. A district court's denial of leave to amend a complaint may be justified if the amendment would be futile. Crest Const. II, Inc. v. Doe, 660 F.3d 346, 358 (8th Cir. 2011). And while Rule 15 is broadly construed to allow amendments, district courts need not "indulge in futile gestures." Holloway v. Dobbs, 715 F.2d 390, 392-93 (8th Cir.1983) (per curiam). Here, the substance of the amendment merely incorporated a factual argument alleging that Geier's speech was chilled. The district court had already considered this argument during the hearing before making its ruling on the applicability of the Younger abstention doctrine. Therefore, we conclude Stop Now!'s attempt to amend the complaint was futile.
Next, Stop Now! contends that the district court misapplied the Younger abstention doctrine because Missouri's statutory scheme is patently unconstitutional based on Minnesota Citizens Concerned for Life v. Swanson, 692 F.3d 864 (8th Cir.2012) (en banc). "We review the district court's decision to abstain under Younger for abuse of discretion." Night Clubs, Inc. v. City of Fort Smith, Ark., 163 F.3d 475, 479 (8th Cir. 1998). A district court abuses its discretion when it makes an error of law. See United States v. Weiland, 284 F.3d 878, 882 (8th Cir.2002); Plouffe v. Ligon, 606 F.3d 890, 894-95 (8th Cir.2010) (Colloton, J., concurring).
The Younger abstention doctrine provides that courts should not exercise federal jurisdiction where "(1) there is an ongoing state proceeding, (2) which implicates important state interests, and (3) there is an adequate opportunity to raise any relevant federal questions in the state proceeding." Plouffe, 606 F.3d at 892. Stop Now! concedes that the first two prongs are satisfied. As a result, we must determine whether the third prong is satisfied or, alternatively, whether an exception applies. We discuss these two issues in turn.
First, Stop Now! carries the burden of demonstrating the Missouri proceedings do not provide an "adequate opportunity" for it to raise its constitutional
Second, Stop Now! alternatively argues that this case is an exception to the Younger abstention doctrine because it concerns the First Amendment. In Younger, the Supreme Court suggested that an exception, making abstention improper, might exist if a state's statute is "flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph, and in whatever manner and against whomever an effort might be made to apply it." Younger v. Harris, 401 U.S. 37, 53-54, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) (internal quotation marks omitted).
This is an "extremely narrow exception." Plouffe, 606 F.3d at 894.
According to Stop Now!, the Missouri statutory scheme governing political action committees is unconstitutional in light of our recent decision in Minnesota Citizens. Additionally, Stop Now! contends that the district court should have refused to abstain because the statute was plainly unconstitutional, citing City of Houston, Tex. v. Hill, 482 U.S. 451, 468, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987). Relying on the Supreme Court's language in Hill that it was "particularly reluctant to abstain in cases involving facial challenges based on the First Amendment," 482 U.S. at 467, 107 S.Ct. 2502, Stop Now! argues that abstention is inappropriate when First Amendment issues are implicated. Stop Now!'s reliance on Minnesota Citizens and Hill is misplaced.
Minnesota Citizens addressed Minnesota subjecting "political funds to the same regulatory burdens as PACs." 692 F.3d at 872. Stop Now!, however, is a PAC and not the same type of small association or partnership the court considered in Minnesota Citizens. Therefore, this court's holding in Minnesota Citizens, concerning specific provisions of Minnesota's campaign finance statutes, does not make Missouri's separate statutory scheme "flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph." See Younger, 401 U.S. at 53, 91 S.Ct. 746 (internal quotation marks omitted).
Stop Now! also relies heavily on Hill, but Hill was a Pullman
In sum, Stop Now! has failed to carry its burden of proving that it cannot adequately raise its constitutional issues in Missouri's administrative proceedings or courts, nor can it meet the narrow exception recognized by Younger. Therefore, we affirm the district court's decision to abstain.
Based on the foregoing, we affirm.