Ahmed v. Washington

262 F.3d 979, 2001 Cal. Daily Op. Serv. 7511, 2001 Daily Journal DAR 9263, 2001 U.S. App. LEXIS 19216, 2001 WL 969050
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 28, 2001
DocketNo. 00-35660
StatusPublished
Cited by2 cases

This text of 262 F.3d 979 (Ahmed v. Washington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahmed v. Washington, 262 F.3d 979, 2001 Cal. Daily Op. Serv. 7511, 2001 Daily Journal DAR 9263, 2001 U.S. App. LEXIS 19216, 2001 WL 969050 (9th Cir. 2001).

Opinion

TASHIMA, Circuit Judge:

Plaintiff-Appellee Dr. Tariq Ahmed brought suit in federal district court against Defendants-Appellants Washington Department of Social and Health Services (“DSHS”) and two of its supervisory employees under 42 U.S.C. § 1983 for al- ’ leged violation of his First Amendment rights. He ultimately won a jury verdict for $8,026,009. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291, and we reverse.

I. BACKGROUND

Most of the facts in this case are disputed and, on at least some issues, there may be inconsistent sets of facts that have been found by different tribunals, federal and state. For this reason, we begin with the procedural background.

Ahmed was terminated from his position with DSHS on January 10, 1997. Five days later, he appealed his termination to the state Personnel Appeals Board (“PAB”). On July 1, 1997, while the administrative appeal was still pending, Ahmed filed a complaint against DSHS and two of his superiors in federal district court. All of the claims in the complaint were, in' one way or another, claims for wrongful termination, including a claim for wrongful termination in retaliation for the exercise of his First Amendment rights.

On December 19, 1997, the PAB decided Ahmed’s appeal against him, and Ahmed appealed that determination in state court. Next, a federal jury returned a verdict in favor of Ahmed. Judgment on the verdict was entered on June 17, 1998, and the defendants appealed to this court. Meanwhile, the state trial court found against Ahmed, affirmed the decision of the PAB, and entered judgment on May 10, 1999. Ahmed appealed the decision to the Washington Court of Appeals.

Next, we reversed the district court’s judgment in favor of Ahmed, on the basis of an erroneous evidentiary ruling, and the case was remanded for a new trial. Ahmed v. Washington, No. 98-36202, 1999 WL 1040086 (9th Cir. Nov.16, 1999) (unpublished disposition). On retrial, another federal jury again found for Ahmed. Judgment on that verdict was entered on June 30, 2000, and it is the appeal from that judgment that is now before this court.1

After the notice of appeal from the second federal trial was filed, the state ap[982]*982peals court affirmed the decision of the state trial court, affirming the PAB decision that had gone against Ahmed. Ahmed v. Dep’t of Soc. & Health Servs., No. 24685—6-II, 2000 WL 1174554 (Wash.Ct.App. Aug.18, 2000) (“Ahmed I”). Ahmed’s petition for review to the state supreme court was denied. Ahmed v. Dep’t of Soc. & Health Servs., 142 Wash.2d 1019, 16 P.3d 1265 (2001).

On Ahmed’s theory of the facts, this is essentially a whistleblower case — Ahmed was terminated for speaking out about improper patient care at Rainier School, a DSHS-run residential facility for the disabled, at which Ahmed was employed. He claims that he was never disciplined until immediately after he filed a formal incident report about substandard care at the school. Because the presence of such reports in the school’s records could jeopardize the school’s federal funding, Defendant Leanna Lamb (the school’s superintendent) and Defendant Dr. Rogelio Ruvalca-ba (the school’s clinical director) allegedly conspired to gather trumped-up disciplinary charges against Ahmed and fire him on that basis.

Defendants DSHS, Lamb, and Ruvalca-ba (collectively “Defendants”) argue to the contrary. On their theory of the facts, this case is a straightforward termination for cause. They claim that Ahmed was fired for a number of legitimate reasons. They also argue that the record shows that Ahmed’s problems working with others long predate his alleged whistleblowing.

On appeal, the parties argue the facts of the various incidents at issue in great detail. Fortunately, we need not attempt to reconcile those conflicting positions because the dispositive issue presented by this appeal is the limits of the district court’s jurisdiction.

The PAB, in its review of Ahmed’s termination, found against Ahmed on most of the charges. It further found that these were legitimate bases for Ahmed’s termination, and it upheld the termination on that ground. All of the PAB’s findings of fact and conclusions of law, reviewed under appropriate standards, were affirmed by the state courts.

II. ANALYSIS

As a general matter, lower federal courts do not have authority to review final determinations of state courts. Rather, the only federal forum in which such review can be sought is the United States Supreme Court. See Worldwide Church of God v. McNair, 805 F.2d 888, 890 (9th Cir.1986) (citing 28 U.S.C. § 1257). The Rooker-Feldman doctrine is merely a development of those principles: A federal district court does not have jurisdiction to hear a case that would require the court to review a state court judgment, even if the case presents federal constitutional issues, and even if the state court judgment is not from the state’s highest court. See Dubinka v. Judges of the Superior Court, 23 F.3d 218, 221 (9th Cir.1994); Worldwide Church of God, 805 F.2d at 890, 893 (applying the doctrine to a case in which the appeal of the relevant state trial court judgment was still pending); see generally Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923). The doctrine encompasses cases in which the issues presented to the federal court are not identical to but are “inextricably intertwined” with determinations made by the state court. See Feldman, 460 U.S. at 483-84 n. 16, 103 S.Ct. 1303; Dubinka, 23 F.3d at 221-22. It also applies to prohibit federal judicial review of state court review of determinations made by state administrative bodies. Feldman, 460 U.S. at 468, 485-86, 103 S.Ct. 1303 (applying the doctrine to a decision of the District of Columbia Court of [983]*983Appeals, upholding a decision of the Committee on Admissions of the District of Columbia Bar).

Rooker-Feldman is jurisdictional. See Olson Farms, Inc. v. Barbosa, 134 F.3d 933, 937 (9th Cir.1998). It consequently cannot be waived. See Fed. R.Civ.P. 12(h)(3) (“Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action”). The existence of subject matter jurisdiction is a question of law reviewed de novo. Garvey v. Roberts,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cooper v. Smith
21 F. App'x 762 (Ninth Circuit, 2001)
No. 00-35660
262 F.3d 979 (Ninth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
262 F.3d 979, 2001 Cal. Daily Op. Serv. 7511, 2001 Daily Journal DAR 9263, 2001 U.S. App. LEXIS 19216, 2001 WL 969050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahmed-v-washington-ca9-2001.