Legal Question in Civil Rights Law in California

This is a procedural question, involving dismissal (without prejudice) of state law claims from a dismissed federal Title 42 U.S.C. �1983 action. A federal judge dismissed my civil rights claims and so I appealed. The 9th circuit tersely "affirmed" the federal judge's dismissal of my VALID federal civil rights claims. Years have passed since I filed my federal complaint. I should mention I filed claims with the local governments that violate(d) my civil rights, and who are breaking a lot of laws (to put it mildly). Anyway, I am still quite confident that my federal claims are totally VALID, and that I was simply "railroaded" by the federal court judge, and then the 9th circuit. (Interestingly, 3 of the 4 judges in my case were G.W.Bush appointees -- so why are courts in the 9th circuit considered to be "liberal?" Nothing could be more untrue.) Anyway, because the violations of my (federal) civil rights are an ongoing matter (a continuing violation of my fundamental rights), I assume I can file another Title 42 U.S.C. �1983 action, as to such violations of my rights occurring AFTER the date of the 9th Circuit's terribly unjust "affirmation" of the district court judge's terribly unjust dismissal of my VALID federal civil rights claims. Isn't that correct? (Bear with me, you'll see where this is going when you finish reading.) But I was told by the Defendant's attorneys that they would REMOVE the case from the state court if I added any federal claims to my state court action, and the same judge would be assigned the case again. However, in the federal case of Carreras v. City of Anaheim, 768 F.2d 1039 (9th Cir. 1984) it is made exceptionally clear that a federal district court judge is required to deal with civil rights claims based upon state law if the state constitution provides "independent support" for such claims. (Ibid at 1042.) (Of course, the California Constitution and related decisional law provide such "independent support" for such claims.) What I am saying is that the district court judge did not apply Carreras, and railroaded me, as did his cronies in the 9th Circuit. (I am seeking a "rehearing" of my appeal for this reason, among others.) But if the DEFENDANTS should "remove" the complaint I am now going to file in the state court, wouldn't that obligate the federal district court judge to finally deal with my state law claims? And then wouldn't the district court judge would have to acknowledge my state granted fundamental civil liberties and property interests? And then wouldn't the 14th amendment require the district court judge to support my state law granted liberty and property rights in question? And so then would the district court judge finally have to deal with my Title 42 U.S.C. �1983 claim? And then wouldn't the district court judge have to acknowledge that he was grossly in error about dismissing my federal claims in the first place? (Indeed, my original complaint alleged the 14th amendment also provided support for my state granted property and liberty rights I claimed were being violated right along with the violations of my federal civil rights.) So then wouldn't that require that the 9th Circuit grant a rehearing if I asked for one? Indeed, the court's can't disallow a claim on the same case on one day and then allow it the next? Or can they? Anyway, what you tell me will help me determine what I should do here.


Asked on 3/24/11, 11:12 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Like you, nearly all pro pers lose their 42 USC 1983 cases. And like you, they usually go away whining about how all the judges were crooked. Since 42 USC 1988 provides for attorney fees, if you had a case you would have found an attorney (and you would have told us something about the facts). I predict you'll lose in state court also. May I respectfully suggest you huck your accumulated paperwork into the nearest dumpster and get on with your life.

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Answered on 3/25/11, 1:34 am


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