Dale Edwards v. A Thornton
413 F. App'x 802
6th Cir.2011Background
- Plaintiffs Edwards entities appealed district court dismissal for lack of jurisdiction and failure to state a claim.
- Edwards argued district court erred in applying Rooker-Feldman to their due process claims and in dismissing their automatic stay claim.
- Court reviewed de novo the Rooker-Feldman issue and upheld its preclusion of the due process claims.
- Court also held the automatic stay claim failed to state a claim upon which relief could be granted.
- Edwards advanced new §1983 arguments based on Rivera and Abbott to avoid Rooker-Feldman; the court rejected them.
- Court compared Abbott and Rivera to determine whether the §1983 claim against Thornton was severable and barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rooker-Feldman preclusion of due process | Edwards contends Rooker-Feldman does not bar their §1983 due process claims. | Thornton argues the claims attack state-court judgments or their enforcement. | Rooker-Feldman bars the due process claims. |
| §1983 against Thornton severability | Edwards asserts claims are severable from the state-court judgment per Rivera. | Thornton argues the claims challenge the judgment itself or its enforcement. | Claims barred; severability rejects Edwards' theory. |
| Bankruptcy automatic stay claim | Edwards claimed violation of the bankruptcy automatic stay. | Defendant disputes stay violation allegations under §1983. | Stay claim fails to state a claim. |
Key Cases Cited
- McCormick v. Braverman, 451 F.3d 382 (6th Cir. 2006) (de novo review of Rooker-Feldman preclusion)
- Abbott v. Michigan, 474 F.3d 324 (6th Cir. 2007) (state-court judgments and Rooker-Feldman Abar)
- Kelley v. Med-1 Solutions, 548 F.3d 600 (7th Cir. 2008) (eliminates reasonable-opportunity exception to Rooker-Feldman)
- Gilbert v. Illinois State Board of Education, 591 F.3d 896 (7th Cir. 2010) (pertains to Rooker-Feldman exception analysis)