No. 22-1050

Cedric Epple v. Albany Unified School District, et al.

Lower Court: Ninth Circuit
Docketed: 2023-04-28
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 42-usc-1983 administrative-actions civil-rights due-process exhaustion federal-court judicial-exhaustion ninth-circuit section-1983 state-court-remedies summary-reversal
Key Terms:
SocialSecurity DueProcess Takings
Latest Conference: 2023-06-15
Question Presented (AI Summary)

Whether the Ninth Circuit erred in requiring exhaustion of state court remedies for a Section 1983 claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Pakdel v. City & Cty. of S.F., 141 S. Ct. 2226 (2021) this Court summarily reversed the Ninth Circuit’s decision in Pakdel v. City & Cty. of S.F., 952 F.3d 1157 (9th Cir. 2020), and held that exhaustion of state court remedies is not required to litigate a claim in federal court under 42 U.S.C. § 1983. This petition raises the same issue and should be likewise be disposed of with summary reversal. As in Pakdel, the Ninth Circuit will not allow a litigant to bring a claim in federal court unless he has exhausted his judicial remedies in state court. Here, the Ninth Circuit applied that rule to preclude a Section 1983 claim in a case where the plaintiff was compelled to seek exhaustion under this rule and failed to prevail in those state proceedings. The questions presented are: 1. Whether the Ninth Circuit erred in holding, in direct conflict with this Court’s precedent, that litigants challenging administrative actions must exhaust their state court judicial remedies to bring a Section 1983 claim in federal court? 2. Whether issue preclusion can apply when the Ninth Circuit unlawfully requires exhaustion of state court remedies on a Section 1983 claim?

Docket Entries

2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-11
Waiver of right of respondent Albany Unified School District, et al. to respond filed.
2023-04-25

Attorneys

Albany Unified School District, et al.
Seth L. GordonLeone Alberts & Duus, APC, Respondent
Seth L. GordonLeone Alberts & Duus, APC, Respondent
Cedric Epple
Alan Alexander BeckLaw Offices of Alan Beck, Petitioner
Alan Alexander BeckLaw Offices of Alan Beck, Petitioner