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O'Neil v. State Bar

Citation: 402 F. App'x 164Docket: No. 09-35928

Court: Court of Appeals for the Ninth Circuit; November 1, 2009; Federal Appellate Court

Narrative Opinion Summary

The appellants, including Jerry O’Neil, challenged a Montana Supreme Court judgment that affirmed a state court finding of O’Neil's unauthorized practice of law. The district court dismissed their action, and the appellants subsequently appealed pro se. The appellate court, exercising jurisdiction under 28 U.S.C. § 1291, conducted a de novo review and affirmed the district court's decision. The court applied the Rooker-Feldman doctrine, which precludes federal court review of state court decisions, to dismiss O’Neil's claims as they constituted a 'de facto appeal' and were 'inextricably intertwined' with the state court judgment. Additionally, the remaining plaintiffs' Section 1983 claims were dismissed for failing to state a claim, as they did not allege a violation of a federal right. The appellate court found the appellants' additional arguments unpersuasive and confirmed the district court's dismissal. The ruling was designated non-precedential and unsuitable for publication, as prescribed by Ninth Circuit Rule 36-3.

Legal Issues Addressed

Non-Publication and Precedential Value

Application: The court's ruling was determined not to be suitable for publication and does not serve as precedent, except as specified by the Ninth Circuit rules.

Reasoning: The ruling is affirmed, and the disposition is not suitable for publication nor serves as precedent, except as outlined by 9th Cir. R. 36-3.

Rooker-Feldman Doctrine

Application: The court applied the Rooker-Feldman doctrine to dismiss the appellants' claims, determining that they constituted a 'de facto appeal' of a state court decision and were 'inextricably intertwined' with that decision.

Reasoning: The court affirms the district court's ruling, which concluded that the Rooker-Feldman doctrine barred O’Neil's claims as they represented a 'de facto appeal' of a state court decision and involved claims that were 'inextricably intertwined' with that decision.

Section 1983 Claim Requirements

Application: The other plaintiffs' claims were dismissed for failing to adequately allege a violation of a federal right under Section 1983.

Reasoning: Additionally, the court found that the other plaintiffs failed to state a claim, as required under Section 1983, which mandates the allegation of a violation of a right secured by the Constitution or federal law.