Janik

Janik v. Saldate

Good Law
231 F. App'x 542
United States Court of Appeals for the Ninth CircuitApril 4, 2007No. 05-16105California454 words

Opinion

Lead Opinion

MEMORANDUM *

The district court granted the City of Tucson’s motion to dismiss for lack *543 of subject matter jurisdiction, citing issue preclusion as the reason. This was error because “[pjreclusion, of course, is not a jurisdictional matter.” Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280, 293 , 125 S.Ct. 1517 , 161 L.Ed.2d 454 (2005). The government urges that we lack subject matter jurisdiction under the Rooker-Feldman doctrine; however, as the Supreme Court recently explained, that doctrine is limited to “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Id. at 284 , 125 S.Ct. 1517 . The Rooker-Feldman doctrine does not apply to deprive federal courts of jurisdiction to hear federal constitutional claims against adverse parties when those claims do not involve direct challenges to state court judgments. Manufactured Home Communities, Inc. v. City of San Jose, 420 F.3d 1022, 1029 (9th Cir.2005). The district court had subject matter jurisdiction over this case.

Although the district court…

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