Jackson v. Maricopa, County of et al

Filing 20

ORDER granting Defendant Maricopa County's Motion to Dismiss for Failure ot [sic] State a Claim (Doc. 12 ). IT IS ORDERED dismissing Plaintiff's Petition for an Injunction (Doc. 1 ) with prejudice as to Defendants Maricopa County and Mari copa County Superior Court. Plaintiff's Motion for Discovery (Doc. 17 ) is, therefore, moot, and IT IS ORDERED denying Plaintiff's Motion for Discovery (Doc. 17). IT IS ORDERED denying Plaintiff's Motion for Summary Judgment (Doc. 6 ). IT IS ORDERED denying Plaintiff's Motion for Judgment on the Pleadings (Doc. 11 ) and Plaintiff;s Motion for Judgment on the Pleadings (The Sequel) (Doc. 14 ), to the extent the second Motion for Judgment on the Pleadings is posited as a se parate motion for judgment on the pleadings rather than a response. IT IS FURTHER ORDERED that the Clerk enter judgment dismissing this action with prejudice. The Clerk shall terminate this action. Signed by Magistrate Judge Eileen S Willett on 12/17/2014.(KMG)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

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Anthony Dean Jackson,
Plaintiff,

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No. CV-14-01293-PHX-ESW
ORDER

v.

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Maricopa, County of, et al.,
Defendants.

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Pending before the Court are various motions filed by Plaintiff Anthony Jackson

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and one motion filed by Defendant Maricopa County. No further briefing is pending or

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necessitated by the Federal Rules of Civil Procedure. After careful consideration of all

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information presented, the Court has ruled on the following motions: (i) Plaintiff’s

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Motion for Summary Judgment (Doc. 6); (ii) Plaintiff’s Motion for Judgment on the

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Pleadings (Doc. 11); (iii) Defendant Maricopa County’s Motion to Dismiss for Failure ot

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[sic] State a Claim (Doc. 12); (iv) Plaintiff’s Motion for Judgment on the Pleadings (The

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Sequel) (Doc. 14); and (v) Plaintiff’s Motion for Discovery (Doc. 17). Consents to the

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exercise of jurisdiction by a U.S. Magistrate Judge have been filed by all appearing

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parties (Docs. 5, 9, and 10).

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BACKGROUND

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On June 9, 2014, Plaintiff filed a Petition for an Injunction (Doc. 1) seeking an

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injunction against Maricopa County and Maricopa County Superior Court for alleged

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harassment and defamation arising from Plaintiff’s criminal conviction and sentence

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entered in 1996 in Maricopa County Superior Court Case No. CR1995-008205. Plaintiff

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has served his full sentence. However, Plaintiff argues that he should not have been

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convicted of the crimes for which the jury found him guilty. Plaintiff alleges that the

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existence of his conviction constitutes harassment and defamation for which Defendants

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should be liable.

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On August 18, 2014, Plaintiff filed a Motion for Summary Judgment (Doc. 6)

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requesting that his criminal convictions be dismissed or reversed and remanded for a new

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criminal trial and that he be reimbursed court costs of $7,000.00 because Defendants

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have not filed an Answer. Defendant Maricopa County filed a Notice of Appearance and

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Notice Regarding Failure to Properly Serve Complaint on August 25, 2014 (Doc. 7). A

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Waiver of Service of Summons (Doc. 3) was filed unsigned on June 10, 2014.

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In response to Defendant Maricopa County’s Notice Regarding Failure to Properly

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Serve Complaint (Doc. 7), Plaintiff filed a Motion for Judgment on the Pleadings (Doc.

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11) on September 8, 2014. Plaintiff asserts that since Defendant received the Waiver

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(Doc. 3), Defendant has a duty to waive service. Plaintiff indicates that Plaintiff “has no

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intentions of spending $75 or sending the clerk a summons for its signature or the Court’s

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seal.” Instead, Plaintiff requests that the Court find Defendant Maricopa County in

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contempt of Court, order the County Attorney to serve seven days in jail, and grant

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Plaintiff’s Petition for an Injunction (Doc. 11 at p. 5).

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Defendant Maricopa County responded to Plaintiff’s Motion for Judgment on the

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Pleadings (Doc. 11) in its Response to Motion for Judgment on the Pleadings (Doc. 13)

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filed September 12, 2014. Plaintiff’s reply is contained in his Motion for Judgment on

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the Pleadings (The Sequel) (Doc. 14) filed September 22, 2014.

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Summary Judgment (Doc. 6) and Motion for Judgment on the Pleadings (Doc. 11) are

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deemed submitted.

The Motion for

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Defendant Maricopa County filed a Motion to Dismiss for Failure ot [sic] State a

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Claim (Doc. 12) on September 12, 2014. Plaintiff responded to the Motion to Dismiss

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(Doc. 12) in his Motion for Judgment on the Pleadings (The Sequel) (Doc. 14) filed on

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September 22, 2014. Defendant Maricopa County filed a Reply in Support of Defendant

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Maricopa County’s Motion to Dismiss (Doc. 15) on September 30, 2014. The Motion to

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Dismiss (Doc. 12) is deemed submitted.
DISCUSSION

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I. Defendant Maricopa County’s Motion to Dismiss is Granted

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A. Lack of Subject Matter Jurisdiction

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In its Motion to Dismiss for Failure ot [sic] State a Claim (Doc. 12), Defendant

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Maricopa County moves for dismissal for lack of subject matter jurisdiction under Rule

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12(b)(1) of the Federal Rules of Civil Procedure. The Court will first consider this

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motion because a finding that the court lacks jurisdiction would render all other

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objections and defenses moot, including the defense of sovereign immunity. 5B C.

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Wright and A. Miller, Federal Practice and Procedure, § 1350 (3d ed. 2014); Steel Co. v.

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Citizens for a Better Environment, 523 U.S. 83, 84 (1998) (it is improper to decide the

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merits of a case before finding jurisdiction, even if the merits question is more readily

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resolved and the prevailing party on the merits would be the same as the prevailing party

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were jurisdiction denied).

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Because federal courts are courts of limited jurisdiction, a case presumably lies

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outside the jurisdiction of the federal courts unless proven otherwise. Kekkonen v.

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Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Lack of subject matter

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jurisdiction may be raised at any time by either party or by the court. Augustine v. United

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States, 704 F.2d 1074, 1077 (9th Cir. 1983) (the defense of lack of subject matter may be

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raised at any time, and the court is under a continuing duty to examine its jurisdiction).

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On a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, the

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plaintiff bears the burden of proof that jurisdiction exists. See, e.g., Sopcak v. Northern

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Mountain Helicopter Serv., 52 F.3d 817, 818 (9th Cir. 1995); Thornhill Pub. Co. v.

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General Tel. & Electronics Corp., 594 F.2d 730, 733 (9th Cir. 1979). Presuming its

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factual allegations to be true, the complaint must demonstrate that the court has either (i)

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diversity jurisdiction or (ii) federal question jurisdiction.
1. There is No Diversity Jurisdiction

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For diversity jurisdiction pursuant to 28 U.S.C. § 1332, plaintiff and defendants

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must be residents of different states and the matter in controversy must exceed the sum or

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value of $75,000, exclusive of interest and costs. Matheson v. Progressive Specialty Ins.

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Co., 319 F.3d 1089, 1090 (9th Cir. 2003) (“[J]urisdiction founded on [diversity grounds]

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requires that the parties be in complete diversity and the amount in controversy exceed

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$75,000.”). The goals of the amount-in-controversy requirement serve both to preserve

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the jurisdiction exercised by the state courts and to limit the size of the diversity caseload

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in federal courts. Kanter v. Warner-Lambert Co., 265 F.3d 853, 861 (9th Cir. 2001).

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Here, Plaintiff lists a California address in his pleadings. Even if Plaintiff is a resident of

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a different state in which Defendants are organized, the amount-in-controversy does not

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exceed $75,000. Therefore, there is no diversity jurisdiction in this case.

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2. Plaintiff’s Suit Does Not Present a Federal Question

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For federal question jurisdiction, 28 U.S.C. § 1331 provides that district courts

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have jurisdiction over “all civil actions that arise under the Constitution, laws, or treaties

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of the United States.” A case “arises under” federal law either where federal law creates

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the cause of action or “where the vindication of a right under state law necessarily turn[s]

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on some construction of federal law.” Republican Party of Guam v. Gutierrez, 277 F.3d

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1086, 1088–89 (9th Cir. 2002) (quoting Franchise Tax Bd. v. Constr. Laborers Vacation

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Trust, 463 U.S. 1, 8–9 (1983)). Merely alleging a constitutional violation, however, is

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insufficient. The Court’s “limited jurisdiction cannot be invoked so simplistically.”

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Yokeno v. Mafnas, 973 F.2d 803, 807 (9th Cir. 1992); see also Lippitt v. Raymond James

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Fin. Servs., 340 F.3d 1033, 1040 (9th Cir. 2003) (quoting Merrell Dow Pharmaceuticals,

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Inc. v. Thompson, 478 U.S. 804, 813 (1986) (it is a “long-settled understanding that the

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mere presence of a federal issue in a state cause of action does not automatically confer

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federal-question jurisdiction”). To present a federal question, the complaint must present

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a substantial dispute over the effect of federal law, and the result must turn on the federal

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question. Berg v. Leason, 32 F.3d 422, 423 (9th Cir.1994).

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Further, federal district courts, as courts of original jurisdiction, may not serve as

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appellate tribunals to review errors allegedly committed by state courts. MacKay v. Pfeil,

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827 F.2d 540, 543 (9th Cir. 1987); Atlantic Coast Line R. Co. v. Brotherhood of

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Locomotive Engineers, 398 U.S. 281, 296 (1970) (“lower federal courts possess no power

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whatever to sit in direct review of state court decisions”); Rooker v. Fidelity Trust Co.,

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263 U.S. 413, 416 (1923) (jurisdiction possessed by the District Courts is strictly original;

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entertaining a proceeding to reverse or modify state court judgment would be an exercise

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of appellate jurisdiction).

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This doctrine applies even when the challenge to the state court decision involves

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federal constitutional issues. District of Columbia Court of Appeals v. Feldman, 460 U.S.

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462, 486 (1983) (U.S. District Courts do not have jurisdiction over challenges to state

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court decisions in particular cases arising out of judicial proceedings even if those

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challenges allege that the state court’s action was unconstitutional). The rationale for this

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rule is that state courts are as competent as federal courts to decide federal constitutional

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issues. Worldwide Church of God v. McNair, 805 F.2d 888, 891 (9th Cir. 1986). “[A]ny

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other rule would result in a waste of judicial resources and unnecessary friction between

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state and federal courts.” Id.

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Here, construing Plaintiff’s pleadings liberally, Plaintiff appears to be requesting

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relief pursuant to (i) State of Arizona statutes pertaining to harassment and defamation,

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(ii) Title 18 U.S.C. §§ 241 and 242, and (iii) the 6th Amendment of the U.S. Constitution.

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In his Petition for an Injunction (Doc. 1 at p. 1), Plaintiff states that he “seeks an

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injunction against the defendants for harassment pursuant to § 12-1809(A), and

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defamation pursuant to § 12-1809(S) and § 23-1325; Arizona Rules of Civil Procedure.”

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In his Motion for Judgment on the Pleadings (The Sequel) (Doc. 14 at p. 2), Plaintiff

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references Title 18 U.S.C. §§ 241 and 242 (criminal statutes pertaining to conspiracy

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against civil rights). Plaintiff then states that this “Court has jurisdiction to make rulings

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in complaints alleging violations of the United States Codes [sic] in addition to violations

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of the 6th Amendment.” (Doc. 14 at p. 2)

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First, the Court does not have jurisdiction over Plaintiff’s state law claims.

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Second, private citizens cannot prosecute criminal statutes such as Title 18 U.S.C. §§ 241

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and 242. Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980) (no private civil right of

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action under §§ 241 and 242); Linda R.S. v. Richard D., 410 U.S. 614, 614 (1973) (“[A]

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private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution

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of another.”). Finally, Plaintiff’s reference to the 6th Amendment is insufficient to confer

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subject matter jurisdiction to the Court as the reference is tied to Plaintiff’s allegation that

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he was wrongly convicted.

This Court cannot serve as a review mechanism for

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Plaintiff’s criminal conviction in the procedural manner pursued by Plaintiff in his

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Petition for an Injunction (Doc. 1). The proper forum for the relief Plaintiff seeks has

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been utilized multiple times by the Plaintiff without success both by direct appeal and

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petitions for post-conviction relief.

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Plaintiff has not raised a federal question as set forth in 28 U.S.C. § 1331. Where,

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as here, the complaint fails to allege any substantive ground for federal jurisdiction, and

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diversity is lacking, the court has no jurisdiction to allow leave to amend. Morongo Band

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of Mission Indians v. California State Bd. of Educ., 858 F.2d 1376, 1380-81 (9th Cir.

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1988).

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jurisdiction is therefore granted. Even if the Court did have subject matter jurisdiction,

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other insurmountable barriers to Plaintiff’s action are discussed below.

Defendant Maricopa County’s motion to dismiss for lack of subject matter

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B. Failure to State a Claim

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Defendant Maricopa County also moves for dismissal of Plaintiff’s action based

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on a failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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(Doc. 12) A complaint may be dismissed as a matter of law for failure to state a claim for

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two reasons: (1) lack of a cognizable legal theory or (2) insufficient facts under a

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cognizable legal theory. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th

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Cir. 1990). The court may dismiss all or part of a complaint sua sponte if the plaintiff’s

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claims lack an arguable basis in either fact or law. See Neitzke v. Williams, 490 U.S. 319,

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327–28 (1989); see also 28 U.S.C. § 1915(e)(2). This includes claims based on legal

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conclusions that are untenable (e.g., claims against defendants who are immune from suit

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or claims of infringement of legal interest which clearly does not exist). Id.; see also

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McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991).

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To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege “enough

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facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly,

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550 U.S. 544, 570 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In determining

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whether the complaint states a claim on which relief may be granted, its allegations of

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material fact must be taken as true and construed in the light most favorable to Plaintiff.

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See Love v. United States, 915 F.2d 1242, 1245 (9th Cir. 1989). Further, since Plaintiff is

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appearing pro se, the Court must construe the allegations of the complaint liberally and

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must afford Plaintiff the benefit of any doubt. Haines v. Kerner, 404 U.S. 519, 520

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(1972); Karim–Panahi v. L.A. Police Dep’t, 839 F.2d 621, 623 (9th Cir. 1988).

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However, “the liberal pleading standard of Haines applies only to a plaintiff's factual

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allegations.” Neitzke v. Williams, 490 U.S. 319, 330 n. 9 (1989).

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If the Court finds that a complaint should be dismissed for failure to state a claim,

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the Court has discretion to dismiss with or without leave to amend. Lopez v. Smith, 203

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F.3d 1122, 1127 (9th Cir. 2000).

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complaint cannot be cured by amendment, the Court may dismiss without leave to

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amend. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995); Lipton v.

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Pathogenesis Corp., 284 F.3d 1027, 1039 (9th Cir. 2002) (holding that “[b]ecause any

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amendment would be futile, there was no need to prolong the litigation by permitting

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further amendment”).

If, after careful consideration, it is clear that a

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Here, as Plaintiff is arguing that he is entitled to damages and injunctive relief

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because he was allegedly wrongfully convicted, the Court must consider the U.S.

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Supreme Court case Heck v. Humphrey, 512 U.S. 477 (1994). In Heck, the U.S. Supreme

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Court held that to recover damages for an unconstitutional conviction or imprisonment,

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or for other harm caused by unlawful conduct that would render a conviction or sentence

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invalid, a plaintiff must prove that the “conviction or sentence has been reversed on direct

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appeal, expunged by executive order, declared invalid by a state tribunal authorized to

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make such determination, or called into question by a federal court’s issuance of a writ of

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habeas corpus.” Id. at 486-87. Heck recognizes the longstanding principle that valid

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criminal convictions are not properly subject to collateral attack through civil tort actions.

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Id. at 486.

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Although Heck itself only involved a claim for damages, the U.S. Supreme Court

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has extended its underlying principle to apply regardless of the type of remedy sought.

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Edwards v. Balisok, 520 U.S. 641, 648 (1997); Whitaker v. Garcetti, 486 F.3d 572, 584

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(9th Cir. 2007) (“[T]he sole dispositive question [regarding application of the Heck

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doctrine] is whether a plaintiff’s claim, if successful, would imply the invalidity of his

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conviction.”).

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connection with the conviction at issue here would not remove Plaintiff’s claim from the

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requirements of Heck. See Guerrero v. Gates, 442 F.3d 697, 704–05 (9th Cir. 2003)

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(holding that “[t]he fact that [plaintiff] is no longer in custody and thus cannot overturn

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his prior convictions by means of habeas corpus does not lift Heck’s bar”).

Further, a showing that Plaintiff has fully served his sentence in

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Applying Heck, the Court finds that Plaintiff’s claim constitutes an attack upon his

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conviction and that a ruling that Defendants’ actions were unlawful would necessarily

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invalidate that conviction. Plaintiff has made no showing that his conviction has been

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reversed, expunged, invalidated, or called into question by a writ of habeas corpus.

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Plaintiff’s suit is therefore barred by Heck as success in this case would necessarily imply

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that his conviction was invalid.

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Finally, in addition, there is no evidence that Plaintiff has filed a notice of claim

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pursuant to A.R.S. § 12-821.01. A.R.S. § 12-821.01(A) requires that any person who

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intends to file a civil suit against a public entity must file a notice of claim within 180

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days after the cause of action accrues. A claim that is filed after the 180 period “is barred

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and no action may be maintained.” Id. The one year statute of limitations for defamation

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under A.R.S. § 12-541(1) has also run. See Larue v. Brown, 333 P.3d 767, 770 (Ariz. Ct.

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App. 2014) (a plaintiff has one year after a defamation action accrues to commence and

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prosecute his claim; the statute of limitations for a defamation action begins to run upon

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publication of the defamatory statement).

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Accepting as true all the material allegations of Plaintiff’s Petition for an

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Injunction (Doc. 1), and drawing all reasonable inferences therefrom in Plaintiff’s favor,

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the Court finds that Plaintiff has failed to state a claim for relief against Defendants

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Maricopa County and Maricopa County Superior Court. Defendant Maricopa County’s

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Motion to Dismiss for Failure ot [sic] State a Claim (Doc. 12) is therefore granted. Leave

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to amend is not granted because Plaintiff's claims cannot be cured by the allegation of

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additional facts.

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II. Named Defendant Maricopa County Superior Court is Not an Entity that Can

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be Sued

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Rule 17(b) of the Federal Rules of Civil Procedure provides that the capacity for

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an entity other than an individual or corporation to sue or be sued is determined by the

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law of the state where the court is located. As this Court is located in the State of

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Arizona, the capacity for Defendant Maricopa County Superior Court to be sued is

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determined by Arizona law.

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Arizona Revised Statute Title 12, Article 2, permits an aggrieved plaintiff to assert

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a cause of action against any public entity or public employee in Arizona. A.R.S. § 12-

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820(7) defines a “public entity” as including “this state and any political subdivision of

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this state.” A.R.S. § 12-820(8) defines “State” as “this state and any state agency, board,

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commission, or department.” As held by the Arizona Supreme Court in Yamamoto v.

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Santa Cruz Cty. Bd. Of Sup’rs, 124 Ariz. 538, 539 (1979), a State Superior Court does

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not fall within the definition of a “public entity” and, therefore, cannot be sued. Allowing

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Plaintiff to amend his Petition for Injunction (Doc. 1) to name the proper party would be

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futile as Plaintiff’s suit is barred by Heck v. Humphrey, 512 U.S. 477 (1994) and the

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statute of limitations under A.R.S. § 12-541(1).

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Even if Plaintiff’s claims are liberally construed as brought pursuant to 42 U.S.C.

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§ 1983, they must also be dismissed. The State of Arizona and its officials acting in their

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official capacities are not “persons” within the meaning of § 1983. Will v. Michigan

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Dep't of State Police, 491 U.S. 58, 71 (1989); Mulleneaux v. State, 950 P.2d 1156, 1159

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(Ariz. Ct. App. 1997) (§ 1983 complaint did not state a cause of action against State of

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Arizona or the Arizona Attorney General); Carrillo v. State, 817 P.2d 493, 498 (Ariz. Ct.

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App. 1991) (§ 1983 actions may not be maintained against the State of Arizona).

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Moreover, the State of Arizona is immune from suit pursuant to the Eleventh

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Amendment to the U.S. Constitution, which prohibits a private litigant from maintaining

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a lawsuit against a state (or state agency) without the state’s consent. Edelman v. Jordan,

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415 U.S. 651, 662-63 (1974); Alabama v. Pugh, 438 U.S. 781, 782 (1978). Any claims

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brought against a judge in his or her individual capacity must also be dismissed as they

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are barred by the doctrine of absolute judicial immunity. Pierson v. Ray, 386 U.S. 547,

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554 (1967) (judges are absolutely immune from liability for acts within their judicial

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roles).

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III. Plaintiff’s Motion for Summary Judgment and Motion for Judgment on the

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Pleadings are Now Moot.

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Procedurally Deficient.

Even if Not Moot, the Motions are Premature and

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As Plaintiff’s Petition for Injunction (Doc. 1) is dismissed for the above reasons,

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Plaintiff’s Motion for Summary Judgment (Doc. 6) and Motion for Judgment on the

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Pleadings (Doc. 11) are now moot. Even if not moot, Plaintiff’s motions are premature

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and procedurally deficient.

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The Court finds that Plaintiff failed to properly serve the Defendants with

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Plaintiff’s Petition for an Injunction (Doc. 1) as required by Rule 4, Federal Rules of

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Civil Procedure. No Answer has been filed. Further, Rule 56.1 of the Local Rules of

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Civil Procedure states that “any party filing a motion for summary judgment must file a

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statement, separate from the motion and memorandum of law, setting forth each material

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fact on which the party relies on in support of the motion.” Rule 56.1 further states that a

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“failure to submit a separate statement of facts in this form may constitute grounds for the

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denial of the motion.” Even though Plaintiff is representing himself, he is still bound by

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the Rules of Civil Procedure.

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Hayhurst, 227 F.3d 1104, 1107 (9th Cir. 2000) (a pro se litigant is not excused from

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knowing the most basic pleading requirements); Briones v. Riviera Hotel & Casino, 116

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F.3d 379, 382 (9th Cir. 1997) (pro se litigants are not excused from following court rules).

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Plaintiff failed to file a separate statement of facts with his Motion for Summary

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Judgment (Doc. 6) in accordance with Rule 56.1 of the Local Rules of Civil Procedure.

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Plaintiff’s Motion for Summary Judgment (Doc. 6) is denied as it is moot, premature, and

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procedurally deficient.

See American Ass’n of Naturopathic Physicians v.

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Rule 12(c) of the Federal Rules of Federal Procedure states that a party may move

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for judgment on the pleadings “[a]fter the pleadings are closed.” The pleadings have not

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closed in this case.

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therefore also denied as it is moot and premature.

Plaintiff’s Motion for Judgment on the Pleadings (Doc. 11) is

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CONCLUSION

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Accordingly,

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IT IS ORDERED granting Defendant Maricopa County’s Motion to Dismiss for

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Failure ot [sic] State a Claim (Doc. 12).

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IT IS ORDERED dismissing Plaintiff’s Petition for an Injunction (Doc. 1) with

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prejudice as to Defendants Maricopa County and Maricopa County Superior Court.

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Plaintiff’s Motion for Discovery (Doc. 17) is, therefore, moot, and

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IT IS ORDERED denying Plaintiff’s Motion for Discovery (Doc. 17).

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IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment (Doc. 6).

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IT IS ORDERED denying Plaintiff’s Motion for Judgment on the Pleadings

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(Doc. 11) and Plaintiff’s Motion for Judgment on the Pleadings (The Sequel) (Doc. 14),

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to the extent the second Motion for Judgment on the Pleadings is posited as a separate

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motion for judgment on the pleadings rather than a response.

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IT IS FURTHER ORDERED that the Clerk enter judgment dismissing this

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action with prejudice. The Clerk shall terminate this action.
Dated this 17th day of December, 2014.

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