Sperl v. Deukmejian

Ninth Circuit

Sperl v. Deukmejian

642 F.2d 1154

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 23, 1981

DocketNo. 79-3810

StatusPublished

Cited by12 cases

This text of 642 F.2d 1154 (Sperl v. Deukmejian) 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

Sperl v. Deukmejian, 642 F.2d 1154 (9th Cir. 1981).

Pincite

Opinion

PER CURIAM.

Sperl sought declaratory relief under 28 U.S.C. § 2201 and injunctive relief under 42 U.S.C. § 1983 to invalidate his 1974 state criminal convictions because of alleged prosecutorial misconduct. The district court dismissed his claims. Sperl v. Deukmejian, 482 F.Supp. 1026 (C.D.Cal.1980). We affirm.

Sperl’s claim under § 2201 was properly dismissed. Declaratory relief is not available in federal court to attack a state criminal conviction, Ruip v. Kentucky, 400 F.2d 871, 872 (6th Cir. 1968), cert. denied, 395 U.S. 911, 89 S.Ct. 1755, 23 [1155]*1155L.Ed.2d 224 (1969); Booker v. Arkansas, 380 F.2d 240, 242 (8th Cir. 1967); Shannon v. Sequeechi, 365 F.2d 827, 829 (10th Cir. 1966), cert. denied, 386 U.S. 481, 87 S.Ct. 1175, 18 L.Ed.2d 225 (1967). Sperl argues that his complaint should therefore be treated as a petition for habeas corpus relief under 28 U.S.C. § 2254. Habeas corpus relief is not appropriate because Sperl was not in custody when he filed his complaint. Carafas v. LaVallee, 391 U.S. 234, 238, 88 S.Ct. 1556, 1559, 20 L.Ed.2d 554 (1968); Stone v. Powell, 428 U.S. 465, 468, 96 S.Ct. 3037, 3040, 49 L.Ed.2d 1067 (1976).

Sperl’s claim under § 1983 was also properly dismissed. Sperl’s claim of prosecutorial misconduct was tried and rejected in state habeas corpus proceedings. The doctrine of collateral estoppel therefore precludes reconsideration of the issue in a federal civil rights action, even when federal habeas corpus relief is not available. Allen v. McCurry, - U.S. -, -, 101 S.Ct. 411, 419, 66 L.Ed.2d 308 (1980).

AFFIRMED.

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

PER CURIAM.

Sperl sought declaratory relief under 28 U.S.C. § 2201 and injunctive relief under 42 U.S.C. § 1983 to invalidate his 1974 state criminal convictions because of alleged prosecutorial misconduct. The district court dismissed his claims. Sperl v. Deukmejian, 482 F.Supp. 1026 (C.D.Cal.1980). We affirm.

Sperl’s claim under § 2201 was properly dismissed. Declaratory relief is not available in federal court to attack a state criminal conviction, Ruip v. Kentucky, 400 F.2d 871, 872 (6th Cir. 1968), cert. denied, 395 U.S. 911, 89 S.Ct. 1755, 23 [1155]*1155L.Ed.2d 224 (1969); Booker v. Arkansas, 380 F.2d 240, 242 (8th Cir. 1967); Shannon v. Sequeechi, 365 F.2d 827, 829 (10th Cir. 1966), cert. denied, 386 U.S. 481, 87 S.Ct. 1175, 18 L.Ed.2d 225 (1967). Sperl argues that his complaint should therefore be treated as a petition for habeas corpus relief under 28 U.S.C. § 2254. Habeas corpus relief is not appropriate because Sperl was not in custody when he filed his complaint. Carafas v. LaVallee, 391 U.S. 234, 238, 88 S.Ct. 1556, 1559, 20 L.Ed.2d 554 (1968); Stone v. Powell, 428 U.S. 465, 468, 96 S.Ct. 3037, 3040, 49 L.Ed.2d 1067 (1976).

Sperl’s claim under § 1983 was also properly dismissed. Sperl’s claim of prosecutorial misconduct was tried and rejected in state habeas corpus proceedings. The doctrine of collateral estoppel therefore precludes reconsideration of the issue in a federal civil rights action, even when federal habeas corpus relief is not available. Allen v. McCurry, - U.S. -, -, 101 S.Ct. 411, 419, 66 L.Ed.2d 308 (1980).

AFFIRMED.

Cite This Page — Counsel Stack

Bluebook (online)

642 F.2d 1154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sperl-v-deukmejian-ca9-1981.

Opinion

Related

Cite This Page — Counsel Stack