JAMES HUFFMAN V. AMY LINDGREN, ET AL, No. 22-35471 (9th Cir. 2023)
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Plaintiff, a practicing attorney, sued a municipal court judge, a prosecutor, and the City of St. Helens, Oregon, in state court. After Defendants removed the case to federal court, Plaintiff moved to remand to state court, claiming that, although his complaint referenced federal law, it was poorly drafted, and he did not intend to bring federal claims. The district court severed and remanded the state-only claims and dismissed the retained claims with prejudice. On appeal, Plaintiff filed an informal pro se brief and argued that he should have been granted leave to amend his complaint to exclude any mention of a federal claim and to seek a remand to state court.
The Ninth Circuit affirmed. The panel held that, although there is a good reason for awarding leeway to pro se parties who presumably are unskilled in the law and more prone to make pleading errors, that logic does not apply to practicing attorneys. The panel determined that his attempt to backtrack seemed aimed at robbing the government of its removal option and ensuring another bite at the apple in state court. The panel held that a sophisticated attorney like Plaintiff should not be allowed to jettison his own complaint when it is beneficial yet avoid the consequences of that renunciation. The panel held that because Plaintiff facially alleged a violation of his federal rights, the district court had federal question jurisdiction. In view of the immunity of the government defendants, the complaint could not be saved by amendment, and therefore the district court’s dismissal without leave to amend was proper.
Court Description: Pro Se Litigant Attorneys The panel affirmed the district court’s dismissal with prejudice of a complaint and held, in accordance with other circuits, that pro se litigants who are also attorneys should not be afforded special consideration or be treated as proceeding without counsel under the Circuit Rules.
James Huffman, a practicing attorney, sued a municipal court judge, a prosecutor, and the City of St. Helens, Oregon, in state court. After defendants removed the case to federal court, Huffman moved to remand to state court, claiming that, although his complaint referenced federal law, it was poorly drafted, and he did not intend to bring federal claims. The district court severed and remanded the state- only claims, and dismissed the retained claims with prejudice. On appeal, Huffman filed an informal pro se brief and argued that he should have been granted leave to amend his complaint to exclude any mention of a federal claim and to seek a remand to state court.
The panel held that, although there is a good reason for awarding leeway to pro se parties who presumably are unskilled in the law and more prone to make pleading errors, that logic does not apply to practicing attorneys.
Noting that Huffman neither moved to amend in the district court nor voluntarily moved to dismiss his case, the panel determined that his attempt to backtrack seemed aimed at robbing the government of its removal option and ensuring another bite at the apple in state court. The panel held that a sophisticated attorney like Huffman should not be allowed to jettison his own complaint when it is beneficial yet avoid the consequences of that renunciation.
Addressing the merits, the panel held that because Hoffman facially alleged a violation of his federal rights, the district court had federal question jurisdiction. In view of the immunity of the government defendants, the complaint could not be saved by amendment and therefore the district court’s dismissal without leave to amend was proper.
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