No. 20-755

Kenan Biberovic v. City of Culver City, California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-12-02
Status: Denied
Type: Paid
Experienced Counsel
Tags: 28-usc-1343 28-usc-1831 28-usc-sections circuit-split extrinsic-fraud federal-jurisdiction rooker-feldman-doctrine subject-matter-jurisdiction
Key Terms:
SocialSecurity DueProcess Punishment HabeasCorpus ClassAction
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Has the court of appeals failed to exercise the federal jurisdiction given it by Congress under 28 U.S.C. §§ 1831 & 1343(a)(3) & (4), by refusing to acknowledge that petitioner's complaint plausibly alleged extrinsic fraud by respondents in obtaining the state court judgment against him, allegations which invoke the fraud exception to the Court's Rooker-Feldman doctrine and establish subject matter jurisdiction to hear this controversy?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Has the court of appeals failed to exercise the federal jurisdiction given it by Congress under 28 U.S.C. §§ 1831 & 1343(a)(3) & (4), by refusing to acknowledge that petitioner’s complaint plausibly alleged extrinsic fraud by respondents in obtaining the state court judgment against him, allegations which invoke the fraud exception to the Court’s Rooker-Feldman doctrine and establish subject matter jurisdiction to hear this controversy? 2. Should this Court resolve the split of authority among the Circuits about whether there exists a fraud exception to the Rooker-Feldman doctrine and the effect of such extrinsic fraud on the plaintiffs federal action?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-20
DISTRIBUTED for Conference of 2/19/2021.
2020-11-23
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

Kenan Biberovic
Dennis P. Derrick — Petitioner
Dennis P. Derrick — Petitioner