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Samuel S. Barlow, Ina Barlow, Luella Barlow, Diane Barlow, Vincen Barlow, and Helaman Barlow v. John A. Blackburn

Citations: 38 F.3d 1218; 1994 U.S. App. LEXIS 36934; 1994 WL 574142Docket: 93-15222

Court: Court of Appeals for the Ninth Circuit; October 19, 1994; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by plaintiffs against the dismissal of their 42 U.S.C. § 1983 action concerning proceedings by the Arizona Law Enforcement Officer Advisory Council (ALEOAC). The plaintiffs, members of the Fundamentalist Mormon Church, challenged the potential decertification of one plaintiff as a peace officer due to his polygamous practices, which were initially flagged by ALEOAC. However, the administrative hearing recommended dismissal of decertification, finding no impact on public trust. The district court dismissed the plaintiffs' claims, citing Arizona's two-year statute of limitations for personal injury claims and lack of jurisdiction over injunctive relief claims already resolved in state court. The court denied a motion to amend the complaint, labeling it futile as it duplicated prior claims and introduced new claims beyond federal jurisdiction. The Ninth Circuit affirmed the district court's rulings, emphasizing the abandonment of the appeal on the original complaint, the futility of proposed amendments, and the preclusion of federal review over state court decisions. The request for double costs and attorney fees was denied, with costs to be borne by each party, and the ruling was designated as non-precedential.

Legal Issues Addressed

Abandonment of Appeal

Application: The court concluded that the appellant abandoned his appeal regarding the dismissal of the first amended complaint by failing to distinctly address it in his opening brief.

Reasoning: The court affirms the dismissal of the first amended complaint, noting that Barlow abandoned his appeal on this issue.

Denial of Leave to Amend Due to Futility

Application: The district court denied leave to amend the complaint where amendments were deemed futile, consistent with the precedent that futile amendments should not be allowed.

Reasoning: The district court denied the motion to amend because the second amended complaint was deemed futile, as it reiterated claims from the previously dismissed first amended complaint.

Futility of Amended Complaints

Application: The court found that the proposed second amended complaint was futile as it duplicated claims from the first amended complaint.

Reasoning: Additionally, the court upholds the denial of Barlow's motion to amend the complaint, determining the proposed second amended complaint was futile due to its duplication of claims from the first.

Lack of Jurisdiction Over State Court Decisions

Application: The court lacked jurisdiction over claims that were intertwined with state court decisions, as federal courts cannot review final state court decisions.

Reasoning: A United States district court cannot review final decisions of state courts; such reviews must go through the U.S. Supreme Court.

Non-precedential Nature of Unpublished Dispositions

Application: The court highlights that unpublished dispositions are not precedential and should only be cited under specific legal doctrines.

Reasoning: Ninth Circuit Rule 36-3 states that non-published dispositions are not precedential and should only be cited under specific legal doctrines.

Statute of Limitations on Damages Claims

Application: The court determined that damages claims were barred by Arizona’s two-year personal injury statute of limitations.

Reasoning: The district court granted the motion to dismiss Barlow's claims, determining that: (1) the damages claims in the first amended complaint were barred by Arizona's two-year personal injury statute of limitations (Ariz.Rev.Stat. Sec. 12-542).