Edmonson

Edmonson v. Contra Costa Superior Court-Richmond

Good Law
2 F. App'x 773
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 00-16260California523 words

Opinion

Lead Opinion

MEMORANDUM

Narvelle Edmonson (“Edmonson”) appeals pro se from the district court’s order granting defendants’ motion to dismiss her 42 U.S.C. § 1983 action pursuant to Federal Rule of Civil Procedure 12(b)(6). Edmonson argues that defendants, Judge Joni T. Hiramoto, Judge Peter A. Berger, and the Superior Court of California, County of Contra Costa, 3 violated her constitutional rights during her 1998 state court negligence suit against Ralph’s Grocery Company (“Ralph’s”). We affirm the district court’s dismissal of Edmonson’s federal action.

Edmonson’s claims against the Superior Court fail on immunity grounds. The Eleventh Amendment to the United States Constitution bars suits that seek either damages or injunctive relief against a state or an arm of the state. Franceschi v. chwartz, 57 F.3d 828, 831 (9th Cir. 1995)(per curiam). California municipal and superior courts are arms of the state. Id. at 831 (municipal courts); Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (1987)(superior courts). We therefore affirm the portion *775 of the district court’s order dismissing Edmonson’s claims against the Superior Court.

Edmonson’s claims against Judge…

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