Angelina Dettamanti v. Timothy Staffel

U.S. Court of Appeals for the Ninth Circuit

Angelina Dettamanti v. Timothy Staffel

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ANGELINA DETTAMANTI, Individually No. 19-55272 and as former Trustee of the Carrari Family Trust, D.C. No. 2:19-cv-01230-CBM-PLA

Plaintiff-Appellant, MEMORANDUM* v.

TIMOTHY J. STAFFEL, individually and in his official capacity as Judicial Officer of Santa Barbara Superior Court, et al.

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding

Submitted February 4, 2020**

Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

Angelina Dettamanti appeals from the district court’s order denying

injunctive relief and dismissing sua sponte her 42 U.S.C. § 1983 action arising

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). from state court proceedings. We have jurisdiction under 28 U.S.C. § 1291. We

review for an abuse of discretion the denial of injunctive and de novo interpretation

of the underlying legal principles. Jackson v. City & County of San Francisco, 746 F.3d 953, 958-59 (9th Cir. 2014). We affirm.

The district court properly denied Dettamanti’s motion for injunctive relief

and dismissed her claims against Judge Staffel in his individual capacity on the

basis of judicial immunity because Dettamanti failed to allege facts sufficient to

show that Judge Staffel acted “in the clear absence of all jurisdiction or

perform[ed] an act that [was] not judicial in nature.” Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988) (explaining judicial immunity doctrine); see also

Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir. 1996) (judicial immunity extends

to declaratory and other equitable relief), superseded by statute on other grounds.

The district court properly denied Dettamanti’s motion for injunctive relief

and dismissed her claims against Judge Staffel in his official capacity on the basis

of Eleventh Amendment immunity. See Flint v. Dennison, 488 F.3d 816, 824-25

(9th Cir. 2007) (state officials sued in their official capacities are entitled to

Eleventh Amendment immunity).

AFFIRMED.

2 19-55272

Reference

Status
Unpublished