Opinion

Hueter v. Haaland

Court
District Court, W.D. Washington
Filed
Sep 24, 2021
Cited by
0 cases
Authority
More cited than 32.4%

articulating 15 standard for qualified immunity in suits against federal officials

How later courts described this case

  • articulating 15 standard for qualified immunity in suits against federal officials
  • “[A] jurisdictional 2 dismissal is res judicata on [i.e., forecloses the relitigation of] the jurisdictional issue.”
  • stating “it is doubtful that the district 20 court has power to order Interior Department approval of the contracts” because “mandamus [is] 21 not available to instruct an official how to exercise discretion” (citation omitted)

Written by the judges who cited it.

The opinion

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

8 AT SEATTLE

9 STEVEN JAY PINCUS HUETER, CASE NO. C21-1271-JCC

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Plaintiff, ORDER

11 v.

12 DEBRA ANN HAALAND, et al.,

13 Defendants.

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15 This matter comes before the Court on pre-service review of Plaintiff Steven Jay Pincus

16 Hueter’s complaint (Dkt. No. 6) under 28 U.S.C. § 1915(e)(2) and on Plaintiff’s request to issue

17 summons (Dkt. No. 9).

18 I. BACKGROUND

19 Plaintiff filed a lawsuit in July 2021 against Ingrid Pederson, Gerald Young, and S/V

20 Falcon (a sailing vessel), alleging that Pederson and Young illegally took the S/V Falcon from a

21 storage facility in Washington State and sailed it to American Samoa, where they now live on the

22 boat. Hueter v. Pederson, 2021 WL 4209430, slip op. at 1 (W.D. Wash. 2021) (“Hueter I”). The

23 Court granted Pederson’s and Young’s motion to dismiss the complaint in Hueter I for lack of

24 subject matter jurisdiction, explaining that Plaintiff’s declaratory judgment claim did not confer

25 federal question jurisdiction; a dispute over a transaction involving a vessel does not confer

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1 admiralty jurisdiction; and, as a result, the Court lacked supplemental jurisdiction over Plaintiff’s

2 state law claims. Hueter I, 2021 WL 4209430, slip op. at 2–3.

3 Plaintiff filed this case in September 2021, and the Honorable Brian A. Tsuchida, United

4 States Magistrate Judge, granted his motion to proceed in forma pauperis. (Dkt. No. 5.)

5 Plaintiff’s complaint asserts the same claims against Young, Pederson, and the S/V Falcon as in

6 Hueter I. (See Dkt. No. 6 at 11–31.) This time, though, Plaintiff also sues U.S. Secretary of the

7 Interior Deb Haaland for allegedly failing to appoint justices to the High Court of American

8 Samoa who will protect Plaintiff’s constitutional rights and impartially adjudicate his claims

9 regarding the S/V Falcon. (Id. at 8–10.) Plaintiff prays for various forms of relief including a

10 large monetary award, ownership of the S/V Falcon, and an order directing Secretary Haaland to

11 appoint “conflict-free justices” to the High Court of American Samoa and to pay damages to

12 Plaintiff. (Id. at 31–35.)

13 II. DISCUSSION

14 The Court must dismiss before service a complaint filed in forma pauperis if it “fails to

15 state a claim on which relief may be granted; or seeks monetary relief against a defendant who is

16 immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(ii)–(iii) (section numbering omitted); see

17 Lopez v. Smith, 203 F.3d 1122, 1229 (9th Cir. 2000).

18 A complaint must be dismissed if it does not contain sufficient factual matter, accepted as

19 true, to state a claim for relief that is plausible on its face. Ashcroft v. Iqbal, 556 U.S. 662, 664

20 (2009). The factual allegations must be “enough to raise a right to relief above the speculative

21 level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Dismissal is proper if the

22 complaint lacks a cognizable legal theory or states insufficient facts to support one. Zixiang v.

23 Kerry, 710 F.3d 995, 999 (9th Cir. 2013). Similarly, courts may dismiss based on qualified

24 immunity under § 1915(e)(2)(B)(iii) “if it is clear from the complaint that the plaintiff can

25 present no evidence that could overcome a defense of qualified immunity.” See Chavez v.

26 Robinson, 817 F.3d 1162, 1169 (9th Cir. 2016).

1 Pro se complaints are read liberally and in the light most favorable to the plaintiff.

2 Erickson v. Pardus, 551 U.S. 89, 93 (2007). Still, § 1915(e) “not only permits but requires”

3 dismissal of an in forma pauperis complaint that fails to state a claim. Lopez, 203 F.3d at 1229. If

4 the Court dismisses the complaint, it should give leave to amend unless “it is absolutely clear”

5 that amendment would not cure the pleading deficiencies. Cato v. United States, 70 F.3d 1103,

6 1106 (9th Cir. 1995).

7 Plaintiff’s complaint asserts the same claims this Court dismissed in Hueter I for lack of

8 subject matter jurisdiction. The only difference is that he has added claims against Secretary

9 Haaland apparently to create a basis for federal subject matter jurisdiction.

10 Plaintiff’s claims against the Interior Secretary must be dismissed. First, she is immune

11 from suit for money damages because it is clear from Plaintiff’s complaint that he can present no

12 evidence demonstrating that she used her authority to appoint jurists to the Hight Court of

13 American Samoa,1 in violation of clearly established law as needed to defeat qualified immunity.

14 See Chavez, 817 F.3d at 1169; Ziglar v. Abbasi, 137 S. Ct. 1843, 1865 (2017) (articulating

15 standard for qualified immunity in suits against federal officials). Second, the Court lacks power

16 to order an executive branch official to appoint or refrain from appointing a particular person to

17 an office. See TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2203 (2021) (“Federal courts do not

18 exercise general legal oversight of the Legislative and Executive Branches . . . .”); Stock West

19 Corp. v. Lujan, 982 F.2d 1389, 1397 n.11 (9th Cir. 1993) (stating “it is doubtful that the district

20 court has power to order Interior Department approval of the contracts” because “mandamus [is]

21 not available to instruct an official how to exercise discretion” (citation omitted)).

22 Plaintiff fails to state a claim for relief against Pederson and Young because it is clear

23 from the face of his Complaint that the doctrine of issue preclusion prevents him from

24 relitigating the Court’s decision in Hueter I that it lacked subject matter jurisdiction over the S/V

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1 REVISED CONST. OF AMER. SAMOA, Art. III, § 3 (“The Secretary of the Interior shall appoint a

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Chief Justice of American Samoa and such Associate Justices as he may deem necessary”).

1 Falcon dispute. See Okoro v. Bohman, 164 F.3d 1059, 1063 (7th Cir. 1999) (“[A] jurisdictional

2 dismissal is res judicata on [i.e., forecloses the relitigation of] the jurisdictional issue.”); accord

3 Segal v. Am Tel. & Tel. Co., 606 F.2d 842, 845 (9th Cir. 1979).

4 Moreover, even if Plaintiff stated cognizable claims against Secretary Haaland (and he

5 does not), the Court would still lack subject matter jurisdiction over the S/V Falcon dispute

6 because his complaint alleges insufficient facts to warrant exercising supplemental jurisdiction

7 over his claims against Young and Peterson.

8 I. CONCLUSION

9 For the foregoing reasons, Plaintiff’s request to issue summons (Dkt. No. 9) is DENIED;

10 his claims against Secretary Haaland are DISMISSED with prejudice, and his claims against

11 Young and Pederson are DISMISSED without prejudice to refiling in a Court with appropriate

12 jurisdiction.

13 DATED this 24th day of September 2021.

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John C. Coughenour

17 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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