Hart

Hart v. United States

Good Law
101 F. App'x 707
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-35482California359 words

Opinion

Lead Opinion

MEMORANDUM **

Curtis W. Hart appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action arising from his arrest and subsequent criminal trial. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim, Schucker v. Rockwood, 846 F.2d 1202, 1203 (9th Cir.1988), and dismissals for insufficient service for abuse of discretion, In re Sheehan, 253 F.3d 507, 511 (9th Cir.2001). We affirm.

The district court did not err when it dismissed Hart’s claims against Judge Roosevelt Robinson, a former judge of the Multnomah County Circuit Court in Oregon, because Hart’s claims arose from Judge Robinson’s performance of judicial functions in a criminal trial, and Judge Robinson therefore enjoyed absolute im *708 munity. See Schucker, 846 F.2d at 1204 . We decline to consider Hart’s contentions regarding Judge Robinson’s status under Article VII of the Oregon constitution because they were not raised before the district court. See Dodd v. Hood River County, 59 F.3d 852, 863 (9th Cir.1995).

The district court did not abuse its discretion when it dismissed without prejudice Hart’s claims against Gresham police officers Norbury,…

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