Christopher I. Simmons v. Sacramento County Superior Court Sacramento County Sheriff's Department and R. Duane Skelton
Opinion
Opinion
Graber, J.
Plaintiff Christopher Simmons, a state prisoner, brings this action under 42 U.S.C. § 1983 . He failed to appear for trial in a civil personal injury action that he was pursuing because, by the time that proceeding occurred, he was in the Sacramento County Jail awaiting trial on an unrelated criminal matter. A default judgment was entered against him in the civil case. Under several theories, Plaintiff contends that the entry of that judgment violated his rights under the Fifth and Fourteenth Amendments.
The district court dismissed this action for failure to state a claim. Reviewing de novo, Hicks v. Small, 69 F.3d 967, 969 (9th Cir.1995), we affirm.
FACTUAL AND PROCEDURAL HISTORY
In April of 1995, Plaintiff was involved in a two-car accident. The driver of the other car, Michael Mirante, ran a red light and hit Plaintiffs car. The accident caused about $500 in damage to Plaintiffs car and caused injuries to Plaintiff resulting in more than $9,000 in medical expenses. In mid-1996, Plaintiff (through counsel) filed a civil action against Mirante in Sacramento County Superior Court.
Plaintiff was arrested on December 30, 1995, for driving a stolen vehicle, possessing…