No. 21-1498

Norman Bartsch Herterich v. City and County of San Francisco, California, et al.

Lower Court: Ninth Circuit
Docketed: 2022-05-31
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: adjudication appellate-review constitutional-violations district-court-dismissal due-process federal-jurisdiction rooker-feldman rooker-feldman-doctrine state-court-proceedings
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (AI Summary)

Whether the Rooker-Feldman doctrine bars federal-district-court jurisdiction over an action merely because the action alleges Constitutional-violations arising-from state-court proceedings, where the claims presented to the federal-district-court have-not-been adjudicated-by state-courts

Question Presented (from Petition)

QUESTION PRESENTED . Petitioner filed two related complaints in federal district court. The district court dismissed both actions under the Rooker-Feldman doctrine, . which provides that federal district courts lack oo .. jurisdiction over claims that have been finally : decided by state courts. However, nothing in the record of either of Petitioner’s actions indicates that state courts decided any of the claims made in Petitioner's complaints, and Petitioner asserted that state courts did not decide any of those claims. Yet a Ninth-Circuit panel nonetheless affirmed : dismissal under Aooker-Feldman, holding that Petitioner’s actions were forbidden de facto appeals of unspecified prior state-court decisions and raised claims that were “inextricably intertwined” with those state-court decisions. The panel identified no state-court decisions and stated no fact about Petitioner's actions other than that the actions . alleged Constitutional violations “arising from” ; state-court cases and proceedings involving the ; estate of Petitioner’s father. The question presented is: Whether the Rooker-Feldman doctrine bars federal district-court jurisdiction over an action merely because the action alleges Constitutional violations “arising from” state-court proceedings, where the claims presented to the federal district court have not been adjudicated by state courts. . i

Docket Entries

2022-11-21
Rehearing DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-24
2022-10-03
Petition DENIED.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-06-07
Waiver of right of respondents The Superior Court of California, County of San Francisco, et al. to respond filed.
2022-06-06
Waiver of right of respondent City and County of San Francisco to respond filed.
2022-05-23
Petition for a writ of certiorari filed. (Response due June 30, 2022)

Attorneys

City and County of San Francisco
Kaitlyn MurphySan Francisco City Attorney's Office, Respondent
Kaitlyn MurphySan Francisco City Attorney's Office, Respondent
Norman Bartsch Herterich
Norman Bartsch Herterich — Petitioner
Norman Bartsch Herterich — Petitioner
The Superior Court of California, County of San Francisco, et al.
Sharon M. NagleBold, Polisner, Maddow, Nelson & Judson, Respondent
Sharon M. NagleBold, Polisner, Maddow, Nelson & Judson, Respondent