Filed: Feb. 10, 2020
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANGELINA DETTAMANTI, Individually No.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 Cen
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANGELINA DETTAMANTI, Individually No.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 Cent..
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NOT FOR PUBLICATION FILED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