Tanishia Hubbard v. Service Employees Internationa
This text of Tanishia Hubbard v. Service Employees Internationa (Tanishia Hubbard v. Service Employees Internationa) 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.
Opinion
FILED NOT FOR PUBLICATION OCT 23 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TANISHIA HUBBARD, No. 21-16408
Plaintiff-Appellant, D.C. No. 2:20-cv-00670-KJM-JDP v.
SERVICE EMPLOYEES MEMORANDUM* INTERNATIONAL UNION LOCAL 2015; et al.,
Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding
Submitted October 19, 2023** San Francisco, California
Before: W. FLETCHER, NGUYEN, and R. NELSON, Circuit Judges.
Appellant Tanishia Hubbard is an in-home supportive services provider in
California. Until late 2019, she paid union dues to Appellee SEIU Local 2015.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Hubbard brings several federal claims under 42 U.S.C. § 1983 against SEIU Local
2015 and two California state officials, as well as six state-law claims against SEIU
Local 2015. The district court granted Appellees’ motions to dismiss Hubbard’s
federal claims and declined to exercise supplemental jurisdiction over her state law
claims. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
1. The § 1983 claims against SEIU Local 2015 fail for lack of state action. See
Belgau v. Inslee, 975 F.3d 940, 946–49 (9th Cir. 2020); Wright v. Serv. Emps. Int’l
Union Loc. 503, 48 F.4th 1112, 1121–25 (9th Cir. 2022).
2. Hubbard lacks standing to seek prospective relief against the California
officials. Her dues deductions stopped before she filed suit, and the district court did
not err in finding that Hubbard has not shown that future injury is sufficiently likely
to warrant prospective relief.
AFFIRMED.
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