Living in Jesus Truth Ministry et al v. Wise et al
Filing
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ORDER granting 4 Motion to Dismiss; denying as moot 16 Motion to Enforce. Signed by Chief Judge Robert C. Jones on 8/3/12. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LIVING IN JESUS TRUTH MINISTRY AND )
:TOD-DEAN BRENBARGER, MINISTER OF )
LIVING IN JESUS TRUTH MINISTRY
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PUBLIC MINISTER FOR WORLD
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PRAYERS ANSWERED AND DIPLOMATIC )
CORP. MEMBER,
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Plaintiffs,
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v.
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HON. MICHAEL WISE, JUDGE, OFFICE OF)
ADMINISTRATIVE HEARINGS AND JAIME )
WINCHELL, AGENT OF THE STATE OF
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NEVADA DEPARTMENT OF MOTOR
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VEHICLES AND PUBLIC SAFETY OF THE )
COMPLIANCE ENFORCEMENT DIVISION )
CASE NO. 2011-NI-67674; AND
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CATHERINE CORTEZ MASTO, STATE OF )
NEVADA ATTORNEY GENERAL, AND
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DEPUTY ATTORNEY GENERAL AND ALL )
OTHER STAFF OF THE OFFICE OF THE )
ATTORNEY GENERAL,
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Defendants.
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___________________________________ )
3:12-cv-109-RCJ-VPC
ORDER
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Currently before the Court are Defendants’ motion to dismiss (#4) for failure to state a
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claim and Plaintiff’s motion to enforce 42 U.S.C. § 1983 (#16). For the following reasons, the
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Court grants Defendants’ motion to dismiss (#4) and denies as moot Plaintiff’s motion to
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enforce § 1983 (#16).
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BACKGROUND
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Plaintiff Tod Dean Brenbarger is a resident of Minden, Nevada and also a minister for
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Living in Jesus Truth Ministry, a corporation and ministry. (Compl. (#1) at 3-4). He additionally
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claims to be a citizen of World Prayers Answered, which he alleges is not only a corporation
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organized under Utah law, but a sovereign ecclesiastical state. (Id. at 3-4, 9).
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On August 23, 2011, Brenbarger, as minister for Living in Jesus Truth Ministry, sought
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to register two vehicles to the church. (Compl. (#1) at 4). Brenbarger registered the vehicles
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using a post office box in Washoe County as the vehicle owner’s physical address and a box
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at a mailbox store as the address for the location of the vehicles. (Id. at 2; Application (#4-1)).
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On August 31, 2011, Jaime Winchell—an agent of the Nevada Department of Motor
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Vehicles—called Brenbarger stating she had some questions regarding the addresses he
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listed on the vehicle registration forms. (Compl. (#1) at 5). Winchell apparently believed
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Brenbarger violated Nevada law by listing a post office box as the owner’s physical address
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and a box at a mailbox store as the location of the vehicles. Nevada law requires that an
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application for registering a vehicle contain the owner’s residential address and the location
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the vehicle is to be based, and it is a gross misdemeanor to use a fictitious address on the
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application. NEV. REV. STAT . §§ 482.215(3), 482.545(5). Brenbarger informed Winchell that
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he had used those addresses because Living in Jesus Truth Ministry had not yet procured a
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building for its use. (Compl. (#1) at 5-6). On September 19, 2011, the Nevada Department
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of Motor Vehicles issued an administrative citation pursuant to NRS § 482.545(5) to
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Brenbarger for registering a vehicle under a fictitious address. (Id. at 2, 6).
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An administrative hearing was then initiated before the Honorable Michael Wise (“Judge
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Wise”). (Compl. (#1) at 6-7). In December 2011, Brenbarger filed a motion challenging the
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administrative law court’s jurisdiction, claiming that the court had no jurisdiction over him
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because he was a public minister of World Prayers Answered, which is a foreign ecclesiastical
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state. (Id.). Judge Wise informed Brenbarger that his pleading would not be treated as a
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motion, but as evidence, and that no ruling would be made on the pleading until a full hearing
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was held on the matter. (Id. at 7). Brenbarger apparently failed to appear at the administrative
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hearing held on March 1, 2012 and his fine was upheld. (Mot. to Dismiss (#4) at 3; Order of
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Default (#4-4)).
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Brenbarger filed a pro se complaint1 in this Court on February 24, 2012 against Judge
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Wise, Jamie Winchell, Catherine Cortez Masto (the attorney general for the State of Nevada),
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the deputy attorney general, and the entire staff of the office of the attorney general
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(collectively “Defendants”), all in their official capacities. (Compl. (#1) at 1, 4). The causes of
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action listed in the complaint allege (1) diplomatic immunity; (2) violation of due process; (3)
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violation of 42 U.S.C. § 1983; and (4) violation of the First Amendment right of a church to not
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have a fixed address. (Id. at 6-15). The complaint does not explicitly seek any injunctive or
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declaratory relief, but does seek general damages in the amount of $5,000,000, punitive
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damages in the amount of $25,000,000, prejudgment interest in the amount of $15,000,000,
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and post-judgment interest in the amount of $15,000,000, along with various court filing fees.
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(Id. at 15-16).
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Defendants filed a motion to dismiss the complaint for failure to state a claim on March
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19, 2012. (Mot. to Dismiss (#4)). Brenbarger filed an opposition to the motion to dismiss on
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April 2, 2012 and Defendants filed a reply on April 4, 2012. (Opp’n to Mot. to Dismiss (#8);
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Reply (#10)).
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Brenbarger filed a motion to enforce § 1983 on May 21, 2012. (Mot. to Enforce § 1983
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(#16)). It is unclear what action Brenbarger desires the Court to take by filing this motion, but
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it restates many of the same arguments presented by Brenbarger in his opposition to the
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motion to dismiss.2
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The complaint also names Living in Jesus Truth Ministry as a plaintiff. (Compl. (#1)
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at 1). Brenbarger is apparently attempting to represent both himself and Living in Jesus Truth
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Ministry in this action, which he admits is a corporation. (Id. at 3). Corporations and other
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unincorporated associations however are required to appear in court through licensed counsel.
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In re American West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994). Living in Jesus Truth
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Ministry consequently cannot be represented by Brenbarger in this action.
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The motion to enforce § 1983 also asserts that Chief Judge Robert C. Jones is biased
in this action because he has been named as a defendant in another action brought by other
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LEGAL STANDARD
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The purpose of a Rule 12(b)(6) motion to dismiss for failure to state a claim is to test
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the legal sufficiency of a complaint. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).
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“[T]he issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled
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to offer evidence to support the claims.” Gilligan v. Jamco Dev. Corp., 108 F.3d 246, 249 (9th
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Cir. 1997) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)).
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To avoid a Rule 12(b)(6) dismissal, a complaint must plead “enough facts to state a
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claim to relief that is plausible on its face.” Clemens v. DaimlerChrysler Corp., 534 F.3d 1017,
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1022 (9th Cir. 2008) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim
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is plausible on its face “when the plaintiff pleads factual content that allows the court to draw
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the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v.
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Iqbal, 556 U.S. 662, 678 (2009). Although detailed factual allegations are not required, the
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factual allegations “must be enough to raise a right to relief above the speculative level.”
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Twombly, 550 U.S. at 555. All well-pleaded factual allegations will be accepted as true and
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all reasonable inferences that may be drawn from the allegations must be construed in the
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light most favorable to the nonmoving party. Broam v. Bogan, 320 F.3d 1023, 1028 (9th Cir.
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2003).
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If the court grants a motion to dismiss a complaint, it must then decide whether to grant
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leave to amend. The court should freely give leave to amend when there is no “undue delay,
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bad faith or dilatory motive on the part of the movant, . . . undue prejudice to the opposing
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party by virtue of allowance of the amendment, [or] futility of amendment.” Foman v. Davis,
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371 U.S. 178, 182 (1962); see also FED . R. CIV. P. 15(a). Generally, leave to amend is only
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denied when it is clear that the deficiencies of the complaint cannot be cured by amendment.
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World Prayers Answered citizens. (Mot. to Enforce § 1983 (#16) at 6). The Court however
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finds that the mere fact that Chief Judge Robert C. Jones has been named as one of many
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defendants in another action filed by another citizen of World Prayers Answered does not
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necessitate recusal in this case.
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DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992).
DISCUSSION
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I.
Defendants’ Ability To Be Sued
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Brenbarger has pled several causes of action alleging depravations of rights secured
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by the Constitution and federal law against Defendants in their official capacities. Before
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addressing Brenbarger’s substantive claims, the Court must first determine to what extent
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Defendants may be sued in federal court.
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A.
Judge Wise
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Judge Wise is an administrative law judge for the State of Nevada. (Compl. (#1) at 4).
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Brenbarger alleges in his complaint that Judge Wise denied him the right to challenge
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jurisdiction by failing to treat his pleading in which he claimed diplomatic immunity as a motion,
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but rather as evidence. (Compl. (#1) at 7, 9, 11). Defendants however contend that Judge
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Wise is entitled to judicial immunity and therefore all claims against him should be dismissed.
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Judicial immunity is a “ ‘sweeping form of immunity’ for acts performed by judges that
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relate to the ‘judicial process.’ ” In re Castillo, 297 F.3d 940, 947 (9th Cir. 2002) (quoting
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Forrester v. White, 484 U.S. 219, 225 (1988)). “This absolute immunity insulates judges from
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charges of erroneous acts or irregular action, even when it is alleged that such action was
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driven by malicious or corrupt motives . . . or when the exercise of judicial authority is ‘flawed
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by the commission of grave procedural errors.’ ” Id. (quoting Stump v. Sparkman, 435 U.S.
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349, 359 (1978)). Absolute judicial immunity however is not reserved solely for judges, but
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“extends to nonjudicial officers for ‘all claims relating to the exercise of judicial functions.’ ” Id.
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(quoting Burns v. Reed, 500 U.S. 478, 499 (1991) (Scalia, J., concurring in part and dissenting
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in part)). “Individuals, when performing functions that are judicial in nature, or who have a
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sufficiently close nexus to the adjudicative process, are entitled to a grant of absolute
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quasi-judicial immunity.”
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administrative law judges are afforded such absolute immunity, noting “[t]here can be little
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doubt that the role of the modern federal hearing examiner or administrative law judge . . . is
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‘functionally comparable’ to that of a judge.” Butz v. Economou, 438 U.S. 478, 513 (1978); see
Id. at 948.
The Supreme Court has acknowledged that
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also Cleavinger v. Saxner, 474 U.S. 193, 200 (1985).
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In the present matter, Judge Wise has been named as a defendant in this action due
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to a decision he made in adjudicating Brenbarger ’s dispute over the administrative citation.
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Specifically, Brenbarger objects to Judge Wise’s decision to treat his pleading in which he
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claims diplomatic immunity as evidence, for choosing not to rule on the pleading until after a
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full hearing on the matter, and because he intended to go forward to trial. (Compl. (#1) at 7).
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Because Judge Wise is an administrative law judge being sued for decisions made while
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performing a judicial function, he is entitled to absolute quasi-judicial immunity, and
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accordingly he is dismissed from this action with prejudice.
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B.
Attorney General Catherine Cortez Masto, the Deputy Attorney General,
and the Staff of the Office of the Attorney General
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Attorney General Catherine Cortez Masto, the deputy attorney general, and the entire
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staff of the office of the attorney general are also named as defendants in this action.
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However, the complaint fails to allege any wrongdoing on the part of any of these parties. The
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complaint only mentions Attorney General Masto as a party in this action and does not claim
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she or her staff participated in the administrative citation or any other alleged wrongful act in
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this case. (See Compl. (#1) at 4). Accordingly, Attorney General Masto, the deputy attorney
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general, and the staff of the office of the attorney general are dismissed from this action.
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It appears that Brenbarger may have intended to sue the State of Nevada by naming
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Attorney General Masto as a defendant as he seeks damages from the State of Nevada but
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fails to name the State as a defendant. (Compl. (#1) at 15). The Eleventh Amendment
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however states: “The Judicial power of the United States shall not be construed to extend to
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any suit . . . against one of the United States by Citizens of another State.” U.S. CONST .
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amend. XI. This protection has been extended to protect a state from federal suits brought
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by its own citizens. Edelman v. Jordan, 415 U.S. 651, 662-63 (1974); Pittman v. Oregon
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Employment Dep’t, 509 F.3d 1065, 1071 (9th Cir. 2001). A state may only be sued in federal
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court when the state has explicitly waived its Eleventh Amendment immunity. Alabama v.
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Pugh, 438 U.S. 781, 782 (1978). NRS § 41.031(3) clearly states that Nevada has not waived
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its Eleventh Amendment immunity. Therefore even if Brenbarger intended to sue the State
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of Nevada by suing the Attorney General, the State of Nevada would be entitled to immunity
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under the Eleventh Amendment.3
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C.
Jaime Winchell, Agent of the Nevada Department of Motor Vehicles
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Brenbarger has also named Jaime Winchell as a defendant in her official capacity as
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an agent of the Nevada Department of Motor Vehicles. (Compl. (#1) at 1). However, suits
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against an individual in their official capacity “generally represent only another way of pleading
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an action against an entity of which an officer is an agent.” Kentucky v. Graham, 473 U.S.
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159, 165-66 (1985) (quoting Monell v. New York City Dep’t of Social Servs., 436 U.S. 658,
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690, n.55 (1978)). “It is not a suit against the official personally, for the real party in interest
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is the entity.” Id. at 166. Because Winchell is being sued in her official capacity for issuing the
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administrative citation, this action is treated as being against the Nevada Department of Motor
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Vehicles.
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Again, the Eleventh Amendment prohibits “federal courts from hearing suits brought
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against an unconsenting state . . . by its own citizens, as well as by citizens of other states.”
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Brooks v. Sulphur Springs Valley Elec. Coop., 951 F.2d 1050, 1053 (9th Cir. 1991). This
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protection bars suits not only against the state, but against state agencies. P.R. Aqueduct &
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Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144 (1993). Therefore the Eleventh
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Amendment would normally prohibit the Department of Motor Vehicles from being named as
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a defendant in this action. See Linlor v. Breslow, 2011 WL 6400377, at *1 (D. Nev. 2011)
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(holding that the Nevada Department of Motor Vehicles is a state agency and is thus immune
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from suit under the Eleventh Amendment). An exception to the Eleventh Amendment however
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Because all of Brenbarger’s substantive claims for constitutional violations are brought
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under 42 U.S.C. § 1983, the State of Nevada would also be an improper defendant in this
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action because the State is not a “person” as required by the statute. See Will v. Michigan
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Dep’t of State Police, 491 U.S. 58, 71 (1989) (holding that a State is not a “person” under §
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1983).
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exists for a suit against a state officer which seeks prospective equitable relief to end
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continuing violations of federal law, so long as the state officer being sued has some
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connection with the enforcement of the act. Culinary Workers Union, Local 226 v. Del Papa,
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200 F.3d 614, 619 (9th Cir. 1999); see also Ex parte Young, 209 U.S. 123, 157 (1908).
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The complaint seeks millions of dollars in damages from Defendants and the State of
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Nevada, and does not explicitly request prospective equitable relief. (Compl. (#1) at 15-16).
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Brenbarger has however advanced claims against an officer of the Department of Motor
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Vehicles charged with enforcing the vehicle registration requirements, alleging that the officer
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is violating his First Amendment rights along with other federal law by doing so. (Compl. (#1)
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at 6-15). Based on these accusations, it seems that Brenbarger is attempting to seek
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injunctive relief to prevent the Department of Motor Vehicles from administering the citation
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and to prevent the administrative law court from exercising jurisdiction over him. Therefore,
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although Brenbarger has failed to state a claim against the Department of Motor Vehicles that
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would yield monetary damages as a remedy, drawing all reasonable inferences in favor of the
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non-moving party, Brenbarger may still potentially state a claim against the Department of
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Motor Vehicles that would yield injunctive relief. The Court accordingly must next turn to the
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substance of each of Brenbarger’s claims.4
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II.
Plaintiff’s Claims for Depravations of Rights Secured by the Constitution and
Federal Law
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Brenbarger has brought several claims under 42 U.S.C. § 1983 for violations of his
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rights under federal law and the United States Constitution. Title 42 U.S.C. § 1983 provides
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a remedy to individuals who have been deprived of federal rights by persons acting under
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The Department of Motor Vehicles would also be prohibited from being named as a
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defendant to Brenbarger’s § 1983 claims because state agencies are not “persons” within the
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meaning of the statute. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989). However,
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a state official may still be sued for injunctive relief under § 1983, Doe v. Lawrence Livermore
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Nat’l Lab., 131 F.3d 836, 839 (9th Cir. 1997), and therefore the Court must still determine the
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merit of Brenbarger’s claims.
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color of state law. See 42 U.S.C. § 1983. To sustain an action under § 1983, a plaintiff must
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prove: (1) that a defendant acted under color of state law; and (2) the conduct deprived the
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plaintiff of a right secured by the Constitution or laws of the United States. See Johnson v.
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Knowles, 113 F.3d 1114, 1117 (9th Cir. 1997). Because Brenbarger has ultimately failed to
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sufficiently plead that the Department of Motor Vehicles or any other Defendant engaged in
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any conduct which deprived him of a right secured by the Constitution or laws of the United
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States, he has failed to state a claim under any of his causes of action.
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A.
Public Minister’s Immunity
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Brenbarger first alleges that Defendants deprived him of rights secured by the
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Constitution5 and federal law by issuing the administrative citation and allowing the
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administrative law court to exercise jurisdiction over him despite his claim that he is entitled
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to diplomatic immunity as a public minister of a foreign ecclesiastical state: World Prayers
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Answered.
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Brenbarger however has failed to state a claim for relief for numerous reasons. First,
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he has failed to plausibly allege that World Prayers Answered is a sovereign ecclesiastical
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state. Although Brenbarger claims World Prayers Answered is a foreign state, the Court is not
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required to assume the truth of legal conclusions simply because they are cast in the form of
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factual allegations. Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir.
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2003). Brenbarger has pled that World Prayers Answered is a corporation organized in Utah
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on May 2, 2002. (Compl. (#1) at 9). Its world headquarters is located at 77 East Williams
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Avenue, Fallon, Nevada 89406. (Id. at 3). Although World Prayers Answered apparently
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notified the U.S. State Department that it claims to be a foreign ecclesiastical state on August
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Brenbarger claims Defendants violated Article III, Section 2, Clause 2 of the
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Constitution, which establishes that the Supreme Court has original jurisdiction over cases
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affecting ambassadors and other public ministers and consuls. (Compl. (#1) at 6). It is
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unclear why Brenbarger believes Defendants’ actions in this case violate this jurisdictional
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provision.
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10, 2009, Brenbarger has failed to allege that the State Department chose to recognize World
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Prayers Answered’s sovereignty. (Id. at 10). Accordingly, Brenbarger has failed to plausibly
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plead that he is a public minister of a foreign state.6
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Furthermore, the controlling statute on diplomatic immunity is the Diplomatic Relations
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Act of 1978, which incorporated the 1961 Vienna Convention on Diplomatic Relations. 22
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U.S.C. §§ 254a-e. To properly claim diplomatic immunity “[i]t is enough that [the diplomat] has
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requested immunity, that the State Department has recognized that the person for whom it
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was requested is entitled to it, and that the Department’s recognition has been communicated
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to the court.” Carrera v. Carrera, 174 F.2d 496, 497 (D.C. Cir. 1949); see also Gonzalez
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Paredes v. Vila, 479 F.Supp.2d 187, 192 (D.D.C. 2007). Courts have generally accepted the
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views of the State Department as conclusive as to the fact of diplomatic status. United States
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v. Al-Hamdi, 356 F.3d 564, 572 (4th Cir. 2004); Abdulaziz v. Dade Cnty., 741 F.2d 1328, 1331
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(11th Cir. 1984); Carrera, 174 F.2d at 497; see also United States v. Stuart, 489 U.S. 353, 369
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(1989) (noting that the meaning attributed to treaty provisions by the government agency
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charged with the negotiation and enforcement of the treaty are entitled to great weight).
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Brenbarger has failed to properly allege or present any documentation from the State
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Department that he is entitled to diplomatic immunity, and consequently has failed to state a
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claim on this cause of action.
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Because Brenbarger has failed to allege sufficient facts that would plausibly establish
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that World Prayers Answered is a sovereign nation and that he is entitled to diplomatic
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immunity, the Court dismisses this claim.
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The complaint does not seem to claim that Living in Jesus Truth Ministry is a foreign
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state or that it is a political subdivision of World Prayers Answered. Any claim that Living in
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Jesus Truth Ministry is a foreign state however would fail for the same reasons that the claim
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World Prayers Answered is a foreign state ultimately lacks merit. Living in Jesus Truth
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Ministry also cannot be a political subdivision of World Prayers Answered because World
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Prayers Answered is not a foreign state.
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B.
Violation of Due Process
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Brenbarger also alleges that he was denied his due process rights under the
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Constitution because Judge Wise ignored or deferred his pre-trial pleading challenging the
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administrative law court’s jurisdiction on immunity grounds. (Compl. (#1) at 9). This claim
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seems to be directly solely against Judge Wise. As Judge Wise is entitled to judicial immunity
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regarding decisions made while adjudicating this dispute, Brenbarger has failed to state a
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claim on this cause of action.
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To the extent Brenbarger intends by this action to obtain injunctive relief against any
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other Defendant preventing the administrative law court or the Department of Motor Vehicles
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from exercising jurisdiction over him on diplomatic immunity grounds, such a claim would
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similarly fail. As stated above, Brenbarger has not sufficiently pled facts that support the
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reasonable inference that World Prayers Answered is a sovereign state or that Brenbarger is
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entitled to diplomatic immunity.7
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Because Brenbarger has failed to state a claim under this cause of action, this claim
is dismissed.
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C.
First Amendment Violations
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Brenbarger also alleges that the Department of Motor Vehicles violated both his own
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and Living in Truth Ministry’s First Amendment right for a church to not have a fixed address.8
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Defendants also note that Brenbarger failed to exhaust the state remedies available
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to him. (Mot. to Dismiss (#4) at 10). He failed to appear at the hearing on the administrative
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citation and an order of default was accordingly entered against him. (Order of Default (#4-4)).
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Rather than appealing the decision, Brenbarger chose to file this complaint in federal court.
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Exhaustion of state remedies however is not a prerequisite to an action under § 1983. See
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Patsy v. Bd. of Regents, 457 U.S. 496, 500-01 (1982).
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8
Again, corporations and other unincorporated associations are required to appear in
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court through licensed counsel. In re American West Airlines, 40 F.3d 1058, 1059 (9th Cir.
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1994). Brenbarger, who is a pro se litigant, thus cannot represent Living in Jesus Truth
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(Compl. (#1) at 12-13). No such right explicitly exists under the First Amendment, and
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therefore to state a claim the alleged actions must violate either the Free Exercise Clause or
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the Establishment Clause of the First Amendment.
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The First Amendment provides that “Congress shall make no law respecting an
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establishment of religion, or prohibiting the free exercise thereof.” U.S. CONST . amend I.
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Under Supreme Court precedent, a law burdening religious exercise generally does not violate
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the Free Exercise Clause if it is a “neutral law of general application.” San Jose Christian
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College v. City of Morgan Hill, 360 F.3d 1024, 1030-31 (9th Cir. 2004). If a law is neutral and
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generally applicable, it need only be rationally related to a legitimate government interest; if
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not, it must meet strict scrutiny. See Stormans Inc. v. Selecky, 586 F.3d 1109, 1129-30 (9th
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Cir. 2009). A law lacks neutrality if either the text or the operation of the law target a specific
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religious group or practice. Id. at 1130-31.
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Brenbarger was issued an administrative citation for providing a fictitious address on
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applications for the registration of vehicles in violation of NRS § 482.545(5). (Compl. (#1) at
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2; Administrative Citation (#4-3)). Under Nevada law, each application to register a vehicle
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must contain the owners residential address along with the location of where the vehicle is to
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be based. NEV. REV. STAT . § 482.215(3). It is unlawful for a registering party to list a fictitious
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address on the application. Id. § 482.545(5). These laws are clearly neutral and generally
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applicable regulations as they apply to all parties who wish to register a vehicle and do not
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discriminate based on religion. The text of the laws do not specifically target a religious group
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or practice, but simply require the registering party to provide physical addresses on
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applications for vehicle registration and make it unlawful for any person to use a false address
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on such applications. Id. §§ 482.215(3), 482.545(5). Brenbarger has also not alleged that the
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laws have been applied in manner that targets specific religious groups or practices. The laws
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therefore do not violate the Free Exercise Clause.
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The laws furthermore do not violate the Establishment Clause. Pursuant to the
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Ministry in this action and cannot assert claims on its behalf.
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Establishment Clause, the government “ ‘may not promote or affiliate itself with any religious
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doctrine or organization, may not discriminate among persons on the basis of their religious
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beliefs and practices, may not delegate a governmental power to a religious institution, and
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may not involve itself too deeply in such an institution’s affairs.’ ” Am. Jewish Congress v. City
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of Beverly Hills, 90 F.3d 379, 383 (9th Cir. 1996) (quoting Cnty. of Allegheny v. ACLU, 492
6
U.S. 573, 590-91 (1989)). To determine whether a law violates the Establishment Clause,
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courts apply the Lemon test. Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971). Under the
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Lemon test, governmental conduct does not violate the Establishment Clause if it (1) has a
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secular purpose, (2) does not have as its principal or primary effect the advancement or
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inhibition of religion, and (3) does not foster an excessive governmental entanglement with
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religion. Id. The touchstone for the analysis “is the principle that the ‘First Amendment
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mandates governmental neutrality between religion and religion, and between religion and
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nonreligion.’ ” McCreary Cnty. v. ACLU, 545 U.S. 844, 860 (2005) (quoting Epperson v.
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Arkansas, 393 U.S. 97, 104 (1968)).
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The registration requirements here have a secular purpose. These laws are intended
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to ensure that a vehicle is associated with a residence for tax and emissions purposes and to
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allow for the registered owner to be located in the event of an accident, among other
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purposes. See, e.g., NEV. REV. STAT . §§ 14.070, 445B.795, 482.215(3)(c). The registration
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requirements do nothing to advance or inhibit religion nor do they generate excessive
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government entanglement with religion. The requirements apply to all registering parties
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equally, both secular and religious, and do not require excessive government interference with
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religious matters or the surveillance of religion. Brenbarger has accordingly failed to state a
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claim for violations of the First Amendment.
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As Brenbarger has failed to state a cause of action on any of his claims and because
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granting leave to amend would be futile, Defendants’ motion to dismiss is hereby granted and
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the complaint is dismissed with prejudice.
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III.
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Plaintiff’s Motion to Enforce § 1983
Because the Court dismisses the complaint for failure to state a claim upon which relief
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can be granted, Brenbarger’s motion to enforce § 1983 is denied as moot.
CONCLUSION
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For the foregoing reasons, IT IS ORDERED that Defendants’ motion to dismiss (#4) is
GRANTED and the complaint is hereby dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s motion to enforce § 1983 (#16) is DENIED
as moot.
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3rd day of of June, 2012.
DATED: This _____ day August, 2012.
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_________________________________
United States District Judge
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