Stepanov v. The State of Nevada
2:22-cv-01031
| D. Nev. | Dec 22, 2023Background
- Plaintiff Ina Stepanov, acting pro se, brought a lawsuit under 42 U.S.C. § 1983 against the State of Nevada, LHL Group, LLC, individual private parties, and state actors concerning the foreclosure of her home.
- The foreclosure was initiated by private party LHL Group, LLC, with the house sold on May 21, 2019, followed by related state court proceedings that Stepanov challenged.
- Plaintiff alleged due process violations, wrongful foreclosure, use of forged documents, and emotional distress as a result of these actions.
- Plaintiff sought to have the federal district court review and overturn the state court’s foreclosure and eviction judgments.
- Multiple motions were filed by Plaintiff, including demands for a jury trial, emergency relief, and objections to prior court orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal court jurisdiction under Rooker-Feldman | Plaintiff seeks review and reversal of state court foreclosure and eviction judgment. | Federal courts cannot review or overturn state court judgments. | District court lacks subject matter jurisdiction under Rooker-Feldman; case dismissed. |
| Section 1983 claims against private parties | Private parties participated in alleged illegal foreclosure under color of law. | Private actors not acting under color of state law; not subject to § 1983. | § 1983 does not apply to private parties absent joint action with state; claims dismissed. |
| Sovereign immunity for State of Nevada | State responsible for alleged constitutional violations. | State immune from suit under Eleventh Amendment; immunity not waived. | Claims against State barred by sovereign immunity; dismissed. |
| Judicial immunity for Judge Brown | Judge Brown participated in foreclosure decision, allegedly unlawfully. | Judge acted in a judicial capacity and is protected by absolute immunity. | Judicial immunity applies; claims against Judge Brown dismissed. |
Key Cases Cited
- Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923) (establishes federal courts cannot act as appellate bodies over state court judgments)
- District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983) (reiterates limits on federal review of state court actions under Rooker-Feldman)
- Exxon Mobil Corp. v. Saudi Basic Indust. Corp., 544 U.S. 280 (2005) (clarifies Rooker-Feldman doctrine scope)
- Stump v. Sparkman, 435 U.S. 349 (1978) (judicial immunity from § 1983 liability for judicial acts)
- Quern v. Jordan, 440 U.S. 332 (1979) (Eleventh Amendment immunity not abrogated by § 1983)