No. 22-551

Francisco Negrete, et al. v. City of Oakland, California, et al.

Lower Court: Ninth Circuit
Docketed: 2022-12-16
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights consent-decree federal-consent-decree federal-court-power federal-jurisdiction federal-power local-government municipal-charter settlement-agreement state-law state-law-conflict subject-matter-jurisdiction
Key Terms:
Privacy Jurisdiction
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether federal courts have subject-matter jurisdiction over a state law claim that requires resolving a conflict between state law and a federal consent decree

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Pursuant to this Court’s decisions in Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308, 314 (2005) and Gunn v. Minton, 568 U.S. 251, 258 (2018), do the federal courts have subject matter jurisdiction over a state law claim that “inevitably” requires the resolution of a direct conflict between state law and a federal consent decree? 2. Where a local government is mandated by state law to comply with the terms of its charter, as amended by the voters pursuant to their state constitutional right to order their municipal affairs, is compliance excused by conflicting terms of a settlement agreement between the local government and a private litigant, where that settlement agreement is entered as a federal district court order? 3. Are the terms of a local government charter, endowed by the state constitution as having “the force and effect of [state] legislative enactments,” superseded by a settlement agreement between the local government and a private litigant, where that settlement agreement is entered as a federal district court order, and there has been no adjudication of the private litigants’ claims? 4. May a federal court suspend operation of a local government charter, in furtherance of implementing a settlement agreement between the local government entity and private litigants, where there has been no adjudication of the private litigants’ claims?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondents City of Oakland, et al. to respond filed.
2022-12-14

Attorneys

City of Oakland, et al.
Allison L. EhlertOakland City Attorney's Office, Respondent
Allison L. EhlertOakland City Attorney's Office, Respondent
Francisco Negrete, et al.
Zachery Alexander LopesRains Lucia Stern St. Phalle & Silver, PC, Petitioner
Zachery Alexander LopesRains Lucia Stern St. Phalle & Silver, PC, Petitioner