Martinez v. Newport Beach City

• Decision Date: 10 September 1997
• Docket Number: No. 95-56866,95-56866
• Citation: 125 F.3d 777
• Parties: 97 Cal. Daily Op. Serv. 7279, 97 Daily Journal D.A.R. 11,739 Phillip G. MARTINEZ, aka: Phillip Nmi Martinez; aka: Phillip Martinez, Plaintiff-Appellant, v. NEWPORT BEACH CITY; Newport Beach PD; M. Mcdermott; Craig Robison, Defendants-Appellees. Phillip G. Martinez, Irvine, California, appellant in pro per.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 777

125 F.3d 777

97 Cal. Daily Op. Serv. 7279, 97 Daily Journal

D.A.R. 11,739

Phillip G. MARTINEZ, aka: Phillip Nmi Martinez; aka:

Phillip Martinez, Plaintiff-Appellant, v. NEWPORT BEACH CITY; Newport Beach PD; M. Mcdermott; Craig

Robison, Defendants-Appellees.

Phillip G. Martinez, Irvine, California, appellant in pro per.

No. 95-56866.

United States Court of Appeals, Ninth Circuit.

Argued and submitted June 4, 1997.

Decided Sept. 10, 1997.

Phillip G. Martinez, Irvine, California, appellant in pro per.

Norman J. Watkins, William F. Bernard, Lynberg & Watkins, Santa Ana, California, for appellees.

Appeal from the United States District Court for the Central District of California; Terry J. Hatter, Jr., District Judge, Presiding. D.C. No. CV-95-01222-TJH(SH).

Before: SCHROEDER, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

BRUNETTI, Circuit Judge:

Appellant Phillip Martinez appeals pro se the district court's summary judgment in favor of Appellee Municipal Court Judge Robison and the court's dismissal of Martinez's § 1983 action against the City of Newport Beach et al. Martinez's § 1983 cause of action arose out of a dispute with a neighbor that led to his arrest by the Newport Beach Police Department and the revocation of his parole on a federal sentence. Martinez alleges that Appellees violated his constitutional rights by conspiring to imprison him.

I. FACTS AND PROCEEDINGS BELOW

Martinez was arrested in December of 1993 for exhibiting a firearm and/or deadly weapon in violation of California Penal Code § 417(a)(1) and for assault with a deadly weapon in violation of California Penal Code § 245(a)(1). Eventually, all charges against Martinez were dismissed. In April 1994, Martinez filed a petition to expunge and seal his arrest records. Because Martinez failed to appear at the municipal court hearing before Appellee Judge Robison, the court denied his petition on August 17, 1994. On September 23, 1994, Martinez filed a Motion for Reconsideration of the Court's Order Denying his Petition to Expunge and Seal his Arrest Records. On October 27, 1994, Judge Robison denied Martinez's Motion to Reconsider.

On April 12, 1994, Martinez filed his § 1983 complaint alleging false imprisonment and numerous civil rights violations. He asserted that, in denying his Motion to Expunge and Seal his Records and in denying his Motion to Reconsider, Judge Robison conspired with the City of Newport Beach et al. to falsely imprison him. Martinez also alleges that the City of Newport Beach engaged in systematic harassment aimed at forcing him out of Newport Beach. Martinez seeks declaratory and injunctive relief, as well as money damages.

On May 4, 1994, the district court denied Martinez's request to file his § 1983 action in forma pauperis on the ground that: (1) federal jurisdiction was lacking; (2) the majority of the complaint was cognizable in habeas and state habeas relief had not been exhausted; and (3) because the "balance of claims are state law claims which plaintiff may pursue in state courts." On November 4, 1994, this court reversed the district court's May 4, 1994 Order denying leave to proceed in forma pauperis. This court concluded that "appellant's complaint includes allegations concerning a false or illegal arrest under 42 U.S.C. § 1983, and federal habeas corpus claims concerning the revocation of federal parole...."

In response to the district court's May 4, 1994 Order, Martinez filed a parallel § 1983 civil rights action in Orange County Superior Court. Martinez alleges that he did so only in response to the district court's suggestion contained in the May 4, 1994 Order that his claims were state law claims which should be brought in state court. The Order stated that the "[b]alance of claims are state law claims which plaintiff may pursue in state Judge Robison filed a 12(b)(6) Motion to Dismiss Martinez's § 1983 cause of action on the ground that Martinez's claims were barred by the doctrine of absolute judicial immunity, that the district court should abstain from hearing Martinez's claims pursuant to Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and finally, that Martinez's claim was barred by the California statute of limitations. On November 21, 1995, the district court filed its Judgment adopting the Magistrate's Final Report and Recommendation, granting summary judgment in favor of defendant Robison and dismissing the remainder of the action without prejudice pursuant to Colorado River abstention. On December 11, 1995, Martinez filed a timely Notice of Appeal.

                courts."   Martinez later improperly sought to remove his state action to federal court.  See 28 U.S.C. §§ 1441, 1446 (a plaintiff may not remove an action to federal court)
                

The record reflects that most defendants named in Martinez's Complaint received service of process only after the district court entered judgment and after Martinez filed his Notice of Appeal. Judge Robison is the only party who filed a brief in the present appeal. The fact that most defendants did not receive service of process before the district court dismissed Martinez's § 1983 action and entered judgment does not preclude this court's review of the case. A district court may sua sponte dismiss an in forma pauperis litigant's complaint and abstain before service of process has been delivered to all defendants. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). Because we reverse the district court's dismissal of Martinez's claims against all defendants except Judge Robison on all remaining defendants, we remand for service of process.

II. ABSOLUTE JUDICIAL IMMUNITY

Martinez alleges that Judge Robison is not entitled to absolute immunity based upon his denial of Martinez's Petition to Expunge his Record. In denying Martinez's Petition to Expunge his Record, Judge Robison was acting in his judicial capacity and is therefore entitled to absolute judicial immunity for those acts. Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986). "Judicial immunity applies 'however erroneous the act may have been, and however injurious in its consequences it may have proved to the plaintiff.' " Ashelman, 793 F.2d at 1075, citing Cleavinger v. Saxner, 474 U.S. 193, 199-200, 106 S.Ct. 496, 499-500, 88 L.Ed.2d 507 (1985). The district court's dismissal of Martinez's § 1983 cause of action against Judge Robison on the ground that his actions are protected by judicial immunity is affirmed.

III. ABSTENTION

This court reviews de novo whether abstention is required. Fort Belknap Indian Community v. Mazurek, 43 F.3d 428, 431 (9th Cir.1994), cert. denied, 516 U.S. 806, 116 S.Ct. 49, 133 L.Ed.2d 15 (1995). There is no discretion to abstain in cases that do not meet the requirements of the abstention doctrine being invoked. Garamendi v. Allstate Ins. Co., 47 F.3d 350, 354 (9th Cir.1995), aff'd, Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996). When the requirements for abstention have been met, the district court's decision whether to abstain is reviewed for an abuse of discretion. Fireman's Fund Ins. Co. v. Quackenbush, 87 F.3d 290, 294 (9th Cir.1996).

In reviewing the district court's dismissal of Martinez's § 1983 cause of action pursuant to Colorado River abstention, we are mindful of the fact that federal courts have a "virtually unflagging obligation" to exercise jurisdiction where it exists. Miofsky v. Superior Court of the State of California, 703 F.2d 332, 338 (9th Cir.1983). "Abstention from the exercise of federal jurisdiction is the exception, not the rule." Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 813, 96 S.Ct. 1236, 1244, 47 L.Ed.2d 483 (1976). There are two abstention doctrines that apply to a situation involving parallel state and federal proceedings such as Martinez's case; Younger ¹ abstention and Colorado

                River 2 abstention. 3  In this case, we must determine whether the law of this circuit permits either Younger or Colorado River abstention in a suit for money damages and equitable relief under § 1983.  Because we conclude that under either doctrine abstention, and especially dismissal, was improper under the circumstances of this case, we reverse
                

A. Younger abstention.

Younger generally directs federal courts to abstain from granting injunctive or declaratory relief that would interfere with pending state judicial proceedings. Younger v. Harris, 401 U.S. 37, 40-41, 91 S.Ct. 746, 748-49, 27 L.Ed.2d 669 (1971). Younger abstention is proper where: (1) there are ongoing state judicial proceedings; (2) that implicate important state interests; and (3) there is an adequate opportunity in the state proceedings to raise federal questions. Confederated Salish v. Simonich, 29 F.3d 1398, 1405 (9th Cir.1994). However, Younger's application to a § 1983 suit that includes a claim for money damages is unclear. See, e.g., Hirsh v. Justices of Supreme Court of California, 67 F.3d 708, 715 n. 5 (9th Cir.1995) ("[T]he applicability of Younger abstention to appellants' monetary claim is unclear."); Lebbos v. Judges of Super. Ct., 883 F.2d 810, 816 (9th Cir.1989) ("To the extent the district court's decision to dismiss the section 1983 claims against the private defendants is based on Younger abstention, it must be rejected. The Supreme Court has not yet decided whether the principles under Younger apply with equal force to claims for damages under section 1983."). ⁴ In fact, there is no authority in this circuit for the application of either Younger or Colorado River abstention to a § 1983 claim for money damages where the ongoing state proceeding is a § 1983 cause of action, as opposed to a pending criminal prosecution. But cf. Mann v. Jett, 781 F.2d 1448 (9th Cir.1986) (per curiam) (applying Younger to federal § 1983 damages claims pending disposition of criminal prosecution in state court). ⁵ Indeed, this court has stated that "[c]ivil-Younger abstention has been upheld...