Carras v. Williams

807 F.2d 1286
Court of Appeals for the Sixth Circuit·Decided December 15, 1986·No. No. 85-1331·Published·Cited by 92 cases

Opinion

CELEBREZZE, Senior Circuit Judge.

Plaintiff-appellant James J. Carras appeals from the district court order dismissing his action brought pursuant to 42 U.S.C. § 1983 (1982) and 18 U.S.C. § 1961 et seq. (1982). Carras argues that the district court improperly invoked the Eleventh Amendment of the United States Constitution to bar his claims for injunctive relief against the Michigan Supreme Court Justices and the Court Administrator. He further contends that the court erred in abstaining from his remaining claims for in-junctive and monetary relief on the authority of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its progeny. We find that Carras’ attempt to enjoin the supreme court justices and the court administrator, state trial judges Pen-zien and McDonald, and attorney Oeming from participating in the challenged state court action has become moot, and that the district court erred in abstaining from Car-ras’ additional claims for injunctive relief and damages. Accordingly, we vacate in part, reverse in part, and remand this case to the district court for further proceedings.

In March of 1980, James J. Carras, a Michigan attorney who also owns thoroughbred racing horses, was named defendant by Hull & Smith Horse Vans, Inc. (“Hull & Smith”) in a Michigan state court suit. Hull & Smith alleged that Carras had breached their contract for the transporta[1288] tion of Carras’ horses. Carras denied that any such contract existed and further defended the action on the ground that Hull & Smith’s failure to comply with the requirements of the Interstate Commerce Act precluded recovery. Carras’ Interstate Commerce Act defense was rejected, and Hull & Smith obtained a judgment against Carras of $20,797.85. This judgment was affirmed on appeal, and Carras’ subsequent petition to the United States Supreme Court for writ of certiorari was denied. Hull & Smith Horse Vans, Inc. v. Carras, 144 Mich.App. 712, 376 N.W.2d 392 (1985), cert. denied, — U.S.-, 107 S.Ct. 91, 93 L.Ed.2d 43 (1986).

Although the state court suit appeared to be and was tried as an ordinary contract action, Carras asserted in this pro se action before the federal district court that the state court suit was merely the culmination of a widespread conspiracy perpetrated against him by individuals in the horse racing business and members of the Michigan Bar and Judiciary. According to Car-ras, the individuals in the horse racing industry 1 attempted to destroy Carras’ horse racing business and reputation through various means,2 and finally manipulated Carras into defending the Hull & Smith state court action.3 Hull & Smith’s attorney, David P. Oeming, Jr., and the trial judges in the state court action, Eugene C. Penzien and Joseph R. McDonald, allegedly denied Carras an impartial tribunal in furtherance of the conspiracy.4 Finally, the conspiracy was perfected by the participation of the Michigan Supreme Court Justices and the Court Administrator, who allegedly refused to intervene in the trial court proceedings in complete disregard of the “overwhelming” evidence which Carras produced to show that the trial judges were prejudiced against him.

In the district court, Carras contended that the alleged conspiracy deprived him of his property and liberty without due process of law in violation of the Fourteenth Amendment, and abridged privileges and immunities guaranteed to him by that amendment. U.S. Const, amend. XIY, § 1. Pursuant to section 1983, 42 U.S.C. § 1983 (1982), Carras sought to enjoin the Michigan Supreme Court Justices and the Court Administrator, state trial judges Penzien and McDonald, and attorney Oeming from future participation in the state court action. Carras also sought additional injunc-tive relief and damages under section 1983 and under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. § 1961 et seq. (1982). Specifically, under section 1983, Carras sought to enjoin Ray and Ann Priddy from proceeding against him before the California Horse Racing Board. Pursuant to his RICO claim, Carras sought to enjoin several defendants from: interfering with his business relationships; attempting to obtain money from Carras through harassment; [1289] and inducing any other person to harass Carass or to institute legal actions against Carras. Finally, his damage claims under section 1983 and RICO sought recovery from all defendants except the Michigan Supreme Court Justices and the Court Administrator for injuries resulting from the alleged conspiracy, including injuries allegedly arising both from the defendants’ prosecution of the state court action and from their transactions with Carras in the horse racing business.

The district court dismissed Carras’ suit, holding that the Eleventh Amendment barred the action against the Michigan Supreme Court Justices and the Court Administrator, and that Younger and its progeny required abstention from the case against the remaining defendants. This appeal ensued. Our review will employ a three-part analysis, considering separately Carras’ attempt to enjoin several defendants from participating in the state court action, his requests for additional injunctive relief, and his claims for damages.

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Carras v. Williams, 807 F.2d 1286 (6th Cir. 1986).

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