# (PS) Serris v. Chastaine

> District Court, E.D. California · March 10, 2022

URL: https://www.frixlaw.com/law-library/cases/10043162

## Case

- **Court:** District Court, E.D. California
- **Decided:** March 10, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10043162

## How later opinions describe it (automated extraction)

- holding TROs “should be 9 restricted to serving their underlying purpose of preserving the status quo 10 11 and preventing irreparable harm just so long as is necessary to hold a 12 hearing, and no longer”

## Opinion text

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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 BILL JOSEPH SERRIS, No. 2:22-cv-0434-JAM-CKD PS
12 Plaintiff,
13 v. ORDER AND FINDINGS AND
RECOMMENDATIONS
14 SHAUNA CHASTAINE, et al.,
(ECF Nos. 2, 3, 4)
15 Defendants.
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17 Plaintiff Bill Joseph Serris1 proceeds pro se with a complaint
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asserting nine causes of action including multiple claims under the
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Americans with Disabilities Act (“ADA”), civil rights conspiracy under
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21 42 U.S.C. § 1985, claims for declaratory relief, and state-law claims.
22 This matter was referred to the undersigned pursuant to Local Rule
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302(c)(21) and the district court’s order of referral (ECF No. 5). See 28
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U.S.C. § 636(b)(1).
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26 ////

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1 At plaintiff’s request, the court uses a 16-point font to assist plaintiff to better read
28 this document.
1 Pursuant to 28 U.S.C. § 1915(e), the court must screen every in
2 forma pauperis proceeding and must order dismissal of the case if it is
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“frivolous or malicious,” “fails to state a claim on which relief may be
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granted,” or “seeks monetary relief against a defendant who is immune
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6 from such relief.” 28 U.S.C. § 1915(e)(2)(B). Plaintiff’s complaint will
7 be screened in due course. Presently, plaintiff’s motion to proceed in
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forma pauperis (ECF No. 2), motion for temporary restraining order
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(ECF No. 3), and request to file case documents electronically (ECF No.
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11 4) are before the court.
12 I. In Forma Pauperis
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Plaintiff filed an application in support of his request to proceed in
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forma pauperis. (ECF No. 2.) Plaintiff’s application makes the showing
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16 required by 28 U.S.C. § 1915. The motion to proceed in forma pauperis
17 will be granted.
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II. Motion for Temporary Restraining Order
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Plaintiff has filed a motion for a temporary restraining order
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21 (“TRO”) to enjoin court proceedings in the Solano County Superior
22 Court case number FFL145060. (ECF No. 3.) Plaintiff moves the court to
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enjoin an imminent hearing in that case so the ADA accommodations he
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seeks through this litigation can be sorted out prior to the hearing to
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26 allow him to participate fully and fairly in that case. (Id. at 1.)
27 ////
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1 A. Background (Allegations in the Complaint)
2 Plaintiff is 79 years old and disabled. (ECF No. 1 at 6-7.) He is a
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party in a divorce case pending in the Solano County Superior Court
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since 2015. (Id. at 2.) Plaintiff presumed that case would be over quickly
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6 because it should have been “a simple asset matter” with no issue
7 pertaining to children from the marriage. (Id.) However, the case is still
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on going and plaintiff has filed this complaint asserting various claims
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against the judge, the judge’s clerk, the Solano County ADA coordinator,
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11 a court appointed realtor, plaintiff’s former divorce attorney, plaintiff’s
12 ex-wife, and the attorney representing his ex-wife. (Id. at 6.)
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During one or more prior hearings in the divorce case, plaintiff
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could not understand or hear what was going on because he does not hear
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16 well. (ECF No. 1 at 2.) Throughout the case, plaintiff has not been given
17 adequate options for ADA accommodations and his former attorney
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failed to ensure he would be able to actively participate in hearings and
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make informed decisions relating to the case. (Id. at 3.) Plaintiff alleges
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21 that, despite his physical limitations, the court ordered him to personally
22 perform physical labor to prepare his property for sale, without any
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objection by his former attorney. (Id. at 3.) Eventually, plaintiff either
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fired his attorney or the attorney was relieved, and plaintiff obtained
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26 ADA advocates to assist him. (Id. at 4.) However, plaintiff still has not
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1 received all the accommodations he needs to properly participate in the
2 case. (Id. at 5.)
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B. Legal Standard
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The purpose of a TRO is to preserve the status quo pending the
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6 complete briefing and thorough consideration contemplated by full
7 preliminary injunction proceedings. See Granny Goose Foods, Inc. v.
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Teamsters, 415 U.S. 423, 438-39 (1974) (holding TROs “should be
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restricted to serving their underlying purpose of preserving the status quo
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11 and preventing irreparable harm just so long as is necessary to hold a
12 hearing, and no longer”). In general, the showing required for a TRO and
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a preliminary injunction are the same. Stuhlbarg Int’l Sales Co., Inc. v.
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John D. Brush & Co., Inc., 240 F.3d 832, 839 n.7 (9th Cir. 2001). The
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16 party requesting preliminary injunctive relief must show that “he is likely
17 to succeed on the merits, that he is likely to suffer irreparable harm in the
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absence of preliminary relief, that the balance of equities tips in his
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favor, and that an injunction is in the public interest.” Winter v. Natural
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21 Res. Defense Council, 555 U.S. 7, 20 (2008); Stormans, Inc. v. Selecky,
22 586 F.3d 1109, 1127 (9th Cir. 2009). A TRO is an extraordinary remedy,
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and plaintiff has the burden of proving the propriety of such a remedy.
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See Mazurek v. Armstrong, 520 U.S. 968, 972 (1997).
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26 ////
27 ////
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1 C. Discussion
2 Under the Anti-Injunction Act, “[a] court of the United States may
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not grant an injunction to stay proceedings in a State court except [1] as
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expressly authorized by Act of Congress, or [2] where necessary in aid of
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6 its jurisdiction, or [3] to protect or effectuate its judgments.” 28 U.S.C. §
7 2283. The Anti-Injunction Act “is an absolute prohibition against
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enjoining state court proceedings, unless the injunction falls within one
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of three specifically defined exceptions.” Negrete v. Allianz Life Ins. Co.
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11 of N. Am., 523 F.3d 1091, 1100 (9th Cir. 2008) (quoting Atl. Coast Line
12 R.R. Co. v. Bhd. of Locomotive Eng’rs, 398 U.S. 281, 286 (1970)).
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Courts construe the three exceptions to the Anti-Injunction Act
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narrowly. See Montana v. BNSF Ry. Co., 623 F.3d 1312, 1315 (9th Cir.
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16 2010) (“Any doubts as to the propriety of a federal injunction against
17 state court proceedings should be resolved in favor of permitting the state
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court action to proceed.”) (quoting Blalock Eddy Ranch v. MCI
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Telecommunications Corp., 982 F.2d 371, 375 (9th Cir. 1992)).
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21 Moreover, even when the Anti-Injunction Act does not prohibit an
22 injunction, “[t]he decision to issue an injunction that does not violate the
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Anti-Injunction Act... is committed to the discretion of the district court.”
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Blalock, 982 F.2d at 375.
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26 Plaintiff has not demonstrated the first exception for an injunction
27 authorized by an Act of Congress applies to any claims for which he is
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1 likely to succeed on the merits. See 28 U.S.C. § 2283. As relevant to the
2 first exception, plaintiff alleges defendants violated 42 U.S.C. § 1985
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(fourth cause of action) and the ADA (first, second and sixth causes of
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action).
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6 Some civil rights actions fall within the first exception. For
7 example, claims brought pursuant to 42 U.S.C. § 1983 are exempt from
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the Anti-Injunction Act’s prohibitions because “[t]he very purpose of §
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1983 was to interpose the federal courts between the States and the
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11 people, ... to protect the people from unconstitutional action under color
12 of state law[.]” Mitchum v. Foster, 407 U.S. 225, 242 (1972); see also
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Goldie’s Bookstore, Inc. v. Superior Court of State of Cal., 739 F.2d 466,
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468 (9th Cir. 1984). However, the first exception comes into play only
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16 when a statute “clearly creating a federal right or remedy enforceable in a
17 federal court of equity” could “be given its intended scope only by the
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stay of a state court proceeding.” Mitchum, 407 U.S. at 239.
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Here, plaintiff alleges the judge, court-appointed realtor, his former
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21 attorney, and his ex-wife violated 42 U.S.C. § 1985(3) through an
22 ongoing scheme to force him to perform physical labor on a house
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through a court order, despite having knowledge that his disabilities
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would prevent him from being able to carry out this duty. (ECF No. 1 at
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26 22.) However, plaintiff has not explained how he will prevail on this
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1 claim, and the allegations in the complaint in support of the claimed
2 conspiracy are both insufficient and conclusory.
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“A plaintiff alleging a conspiracy under [42 U.S.C.] § 1985(3)
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must establish: [1] the existence of a conspiracy to deprive the plaintiff
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6 of the equal protection of the laws; [2] an act in furtherance of the
7 conspiracy; [3] and a resulting injury.” Scott v. Ross, 140 F.3d 1275,
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1284 (9th Cir. 1998) (citation omitted). Regarding the first element, the
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plaintiff must establish some racial or otherwise class-based invidious
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11 discriminatory animus for the conspiracy. Bray v. Alexandria Women’s
12 Health Clinic, 506 U.S. 263, 267-68 (1993).
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Here, plaintiff does not allege there was a class-based invidious
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discriminatory animus for the conspiracy. Disabled individuals do not
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16 constitute a “class” within the meaning of section 1985(3). See, e.g.,
17 D’Amato v. Wis. Gas Co., 760 F.2d 1474, 1486 (7th Cir. 1985) (“The
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legislative history of Section 1985(3) does not suggest a concern for the
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handicapped.”); Wilhelm v. Cont’l Title Co., 720 F.2d 1173, 1176-77
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21 (10th Cir. 1983) (“We must conclude that a class of ‘handicapped
22 persons’ …was not included as a class in what is now § 1985(3).”); see
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also Story v. Green, 978 F.2d 60, 64 (2nd Cir. 1992) (“We note in
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passing that most authorities have not considered disability to be a
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26 suspect or quasi-suspect classification.”).
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1 Similarly, even if equitable relief under the ADA falls within the
2 first exception to the Anti-Injunction Act, plaintiff has not demonstrated
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his likelihood of success on any of those claims. Plaintiff names as
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defendants only individuals, but individuals cannot be sued directly
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6 under the ADA. See Vinson v. Thomas, 288 F.3d 1145, 1156 (9th Cir.
7 2002).
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In short, even if the first exception to the Anti-Injunction Act
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applies, plaintiff has not demonstrated he is likely to prevail on his
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11 claims and thus has not shown he is entitled to the extraordinary remedy
12 of a temporary restraining order. See Mazurek, 520 U.S. at 972.
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The remaining two exceptions to the Anti-Injunction Act are
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inapplicable here. While a federal court may enjoin a state proceeding
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16 “to protect or effectuate the court’s judgment,” 28 U.S.C. § 2283, there is
17 no such judgment to protect in this matter. The third exception applies
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when an injunction is “necessary in aid of a court’s jurisdiction.” 28
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U.S.C. § 2283. This exception “is generally applied to in rem
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21 proceedings where subsequent state court proceedings might interfere
22 with previously filed federal court jurisdiction over a res, in cases of
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advanced federal in personam litigation, or where a case is removed
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from state court.” Le v. 1st Nat. Lending Servs., No. 13–CV–01344–
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26 LHK, 2013 WL 2555556, at *2 (N.D. Cal. June 7, 2013) (citing Negrete,
27 523 F.3d at 1101).
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1 Interfering with a state court proceeding is an extraordinary remedy
2 that this court applies only when necessary. Plaintiff has not
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demonstrated such action is warranted here. Thus, the undersigned will
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recommend the motion for temporary restraining order be denied without
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6 prejudice.
7 III. Request to File Documents Electronically
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Plaintiff has requested to file case documents electronically. (ECF
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No. 4.) Generally, “[a]ny person appearing pro se may not utilize
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11 electronic filing except with the permission of the assigned Judge or
12 Magistrate Judge.” See E.D. Cal. L.R. 133(b)(2) (emphasis in original).
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Although plaintiff is disabled and his request to file case documents
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electronically states he has a support person who helps him read email
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16 correspondence, plaintiff does not otherwise set forth “an explanation of
17 reasons for the [requested] exception.” The court does not find good
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cause for deviance from the general rule at this time. At the current stage
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of this case, the motion will be denied.
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21 IV. Conclusion
22 In accordance with the above, it is HEREBY ORDERED:
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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is
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GRANTED.
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26 2. Plaintiff’s request to file documents electronically (ECF No. 4)
27 is DENIED.
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1 In addition, IT IS HEREBY RECOMMENDED that plaintiff's
* | motion for a temporary restraining order (ECF No. 3) be denied without
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prejudice.
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5 These findings and recommendations are submitted to the United
6 | States District Judge assigned to the case, pursuant to the provisions of
7! 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these
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findings and recommendations, any party may file written objections
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19 | with the court and serve a copy on all parties. Such a document should be
11 | captioned “Objections to Magistrate Judge’s Findings and
!2 | Recommendations.” Failure to file objections within the specified time
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may waive the right to appeal the District Court’s order. Martinez v. YIst,
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15 | 251 F.2d 1153 (9th Cir. 1991).
16 | Dated: March 10, 2022 A gs fie
_MA'd fu LCA pa,
CAROLYN K. DELANEY P
18 UNITED STATES MAGISTRATE JUDGE
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10043162. Public record. Not legal advice.