Bernice Derouen v. Falls County Sheriff's Dept, Et
Opinion
Appellant Bernice Marie DeRouen (“DeRouen”) attempts to challenge the district court’s dismissal for lack of jurisdiction of her § 1983 suit against a deputy sheriff and “the Sheriffs Department” of Falls County. The district court dismissed because she has already pursued — and lost — exactly the same claim in Texas state courts.
1. Under the Rooker-Feldman doctrine, she may not continue to litigate the claims by seeking review of the state courts’ decisions in federal court. The district court correctly dismissed on this basis. 1
2. Moreover, DeRouen’s initial brief on appeal utterly fails to address the *429 Rooker-Feldman doctrine, and she has therefore waived any argument based on that doctrine. Brinkmann v. Dallas Cty. Dep. Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
The appeal fails to raise an issue of arguable merits and is DISMISSED as frivolous. See Fifth Circuit Rule 42.2.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.
. Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); Dist. of Columbia Ct. of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
Reference
- Full Case Name
- Bernice Marie DeROUEN, Plaintiff-Appellant v. FALLS COUNTY SHERIFF’S DEPARTMENT; Ricky Scaman, Deputy Sheriff, in His Individual and Official Capacities, Defendants-Appellees
- Status
- Unpublished