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Descamps v. Van De Veer

Citation: 31 F. App'x 435Docket: No. 01-35115; D.C. No. CV-00-00218-AAM

Court: Court of Appeals for the Ninth Circuit; February 21, 2002; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by a Washington state prisoner seeking to challenge his conviction and press criminal charges against a judge and a prosecuting attorney through a civil rights complaint. The district court dismissed the complaint, and the decision was affirmed on appeal. The court held that challenges to the fact and duration of confinement must be brought via a habeas corpus petition. The appellant lacked standing to initiate criminal charges, as private citizens cannot prosecute others. Claims for damages against the judge and the prosecutor were dismissed due to their respective immunities. Additionally, the state was not considered a 'person' under Section 1983, leading to the dismissal of claims against it. The appellant failed to demonstrate a constitutional violation linked to any official policy or practice, resulting in the dismissal of claims against the county. His request for appointed counsel was denied due to the absence of exceptional circumstances, and allegations of judicial bias were dismissed as they were based solely on disagreement with the court's decisions. The court's ruling was affirmed, with the memorandum deemed unsuitable for publication or citation, except under specific rules.

Legal Issues Addressed

Denial of Appointed Counsel

Application: A request for appointed counsel is denied in the absence of exceptional circumstances.

Reasoning: His request for appointed counsel was denied due to a lack of exceptional circumstances.

Habeas Corpus Petition Requirement

Application: Claims challenging the fact and duration of confinement must be pursued through a habeas corpus petition, rather than a civil rights complaint.

Reasoning: The court affirmed the dismissal, stating that claims challenging the fact and duration of confinement must be brought in a habeas corpus petition.

Judicial and Prosecutorial Immunity

Application: Claims for monetary damages against judges and prosecutors are barred due to judicial and prosecutorial immunity.

Reasoning: Any claims for monetary damages against these officials were dismissed due to Van De Veer's judicial immunity and Carbone's prosecutorial immunity.

Judicial Bias Claims

Application: Claims of judicial bias that solely arise from disagreement with court decisions are insufficient.

Reasoning: Claims of judicial bias were rejected as they stemmed solely from his disagreement with the court's decisions.

Liability under Section 1983

Application: A claim under Section 1983 requires showing a constitutional violation attributable to an official policy or practice.

Reasoning: Descamps failed to show a constitutional violation attributable to an official policy or practice, leading to the dismissal of claims against Pend Oreille County.

Section 1983 and State Immunity

Application: States are not considered 'persons' under Section 1983, leading to dismissal of claims against the state.

Reasoning: Claims against the State of Washington were also dismissed since states are not considered 'persons' under Section 1983.

Standing to Initiate Criminal Charges

Application: Private citizens lack standing to initiate criminal charges against individuals, including public officials.

Reasoning: Descamps lacks standing to initiate criminal charges against Judge Philip Van De Veer and Prosecuting Attorney Michael J. Carbone, as private citizens do not have a cognizable interest in the prosecution of others.