Zivkovic v. Hood
694 F. App'x 661
| 10th Cir. | 2017Background
- In 1995 Zivkovic was convicted in Utah of second-degree felony theft and ordered to pay restitution.
- Utah sought to collect restitution by garnishing Zivkovic’s federal tax refunds, including his 2016 refund.
- Zivkovic sued in federal district court and moved for a preliminary injunction to stop garnishment of the 2016 refund.
- The district court denied the injunction and dismissed the case for lack of subject-matter jurisdiction under the Rooker–Feldman doctrine; Zivkovic appealed.
- The Tenth Circuit considered whether the complaint amounted to a federal review of state-court rulings authorizing restitution or garnishment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the federal district court had subject-matter jurisdiction over Zivkovic’s challenge to garnishment | Zivkovic sought federal relief against garnishment of his tax refund and challenged the state process | State argued the suit effectively sought review of state-court judgments/orders and was barred by Rooker–Feldman | Court held it lacked jurisdiction under Rooker–Feldman because the complaint attacked state-court orders or judgments |
| Whether denial of preliminary injunction was reviewable given jurisdictional defects | Zivkovic argued the injunction denial should be reviewed on appeal | State argued dismissal for lack of jurisdiction rendered the injunction issue moot | Court held the injunction appeal was moot because dismissal for lack of jurisdiction was correct |
Key Cases Cited
- McAlester v. United Air Lines, Inc., 851 F.2d 1249 (10th Cir. 1988) (district court must ensure subject-matter jurisdiction sua sponte)
- PJ ex rel. Jensen v. Wagner, 603 F.3d 1182 (10th Cir. 2010) (Rooker–Feldman concerns subject-matter jurisdiction)
- Gonzalez v. Thaler, 565 U.S. 134 (2012) (courts may address jurisdictional requirements sua sponte)
- D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983) (federal courts lack authority to review final state-court judicial determinations)
- Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923) (establishing the doctrine barring federal review of state-court judgments)
- Sac & Fox Nation of Okla. v. Cuomo, 193 F.3d 1162 (10th Cir. 1999) (affirmance of dismissal for lack of jurisdiction renders related injunction appeal moot)