Franklin D. JACKSON, Plaintiff-Appellant, v. Governor Lawrence J. HOGAN, Jr., in his individual capacity, Defendant-Appellee, 691 F. App'x 121

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Franklin D. Jackson appeals the district court’s order granting Governor Hogan’s Fed. R. Civ. P. 12(b)(6) motion to dismiss and dismissing Jackson’s 42 U.S.C. § 1983 (2012) complaint. Given the ambiguity of the statutory scheme contained in Md. Code, Art. 2B, § 15-101 (West 2014), the historical practice of Maryland Senate confirmation for appointments to the Prince George’s County Board of License Commissioners, and the presumption that Senate confirmation is necessary for civil officers under Md. Const., Art.

II, § 10, we agree with the distinct court that a reasonable official would not have understood that the conduct at issue violates clearly established law. See Mullenix v. Luna, — U.S. -, 136 S.Ct. 305, 308, 193 L.Ed.2d 255 (2015). We therefore conclude that Governor Hogan is entitled to qualified immunity, and we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED Jackson’s argument on appeal improperly defines the alleged clearly established right at a high level of generality. See Mullenix, 136 S.Ct. at 308.