Click the citation to see the full text of the cited case. Plaintiff's only allegations against the Prosecutorial Defendants not covered by prosecutorial immunity is that ADA Patrick made statements to the press. Although Plaintiff appears to claim that CHP Officer Parra's report resulted in the DMV's suspension of her license in 2020, Plaintiff's claim against CHP Officer Parra is otherwise unrelated to her remaining claims. Plaintiff's remaining state law claims are dismissed for lack of supplemental jurisdiction. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. Their specialties View Profile . SAC at 4, 12-15, 23. Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. During Plaintiff's first arrest on August 17, 2019, the SDPD and individually named Officer Tharp allegedly "performed an illegal search of Sussman glove compartment and during that search placed a knife in the glove compartment." Sussman et al v. San Diego Police Dept. 2004). West v. Atkins,487 U.S. 42, 48 (1988) ("To state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution").6 To the extent Plaintiff's claim arises under state tort law, Plaintiff has not pleaded compliance with the California Tort Claims Act. Id. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. Id. Id. The company is Workers Compensation Appeals Board. at 31-32. WebFind the Best Psychologists in San Francisco. Judicial immunity "applies `however erroneous the act may have been, and however injurious in its consequences it may have proved to plaintiff." WebView the profiles of people named Michael Sussman. WebMichael Sussman is on Facebook. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore "The factors relevant in determining whether an act is judicial relate to the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity." ECF No. The admitted year is 1986-12-11. Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Your donations are needed to help defray the recurring costs for internet services, cable access, research via LexisNexis, media subscriptions, and the employment of a researcher and editor. Listed below are those cases in which this Featured Case is cited. Fed. WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. His mother, Nancy Sussman, is an Attorney that specializes in medical malpractice. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." Cal. Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. Deputy Editors Professor Charalambos Antoniades, MD PhD FESC Co., 790 F.2d 769, 772 (9th Cir. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. Sussman appealed to the 9th District based upon judicial misconduct and judge Sidney Thomas backdated his denial of the two judicial conduct complaints to make them look untimely. Nor can Plaintiff argue that the SDPD is a proper Defendant based on Plaintiff's factual allegations concerning discrete arrests and the SDPD's alleged involvement in her son's conviction and trial. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. To establish a RICO injury, the plaintiff must show "harm to a specific business or property interest and if the alleged business or property interest is cognizable under state law." Listed below are those cases in which this Featured Case is cited. Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. Plaintiff apparently served the SDPD Officersincluding City Attorney Jeff Jordon, erroneously sued as Officer Jordan of the SDPD by leaving copies at the SDPD with an Officer "McAndrew." Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). Riggs v. Jud. Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. See Federated Dep't Stores, Inc. v. Moitie,452 U.S. 394, 398 (1981); see also Stewart v. U.S. Bancorp,297 F.3d 953, 956 (9th Cir. Imbler v. Pachtman,424 U.S. 409, 430 (1976); see also Buckley v. Fitzsimmons,509 U.S. 259, 272-73 (1993); Burns v. Reed,500 U.S. 478, 487-93 (1991). As we speak (ca. 1988) (affirming dismissal with prejudice on immunity grounds); see also Golden v. Hubbell Inc., 343 F. App'x 226, 227-28 (9th Cir. Plaintiff's claims against the Judicial Defendants, the Prosecutorial Defendants, and the SDPD must be dismissed with prejudice because amendment would be futile. Queen Mary University of London. San Diego, USA. The second element of res judicata is met because Plaintiff's Prior Action was resolved on the merits. See Prior Action Dkts. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. STAY TUNED!!! Plaintiff further claims that the CBRN failed to disclose the complaints to Plaintiff or give her a chance to rebut them, and that her nursing license was ultimately revoked "behind [her] back" and without giving Plaintiff an opportunity to contest. Attorney Nancy Sussman of San Diego; ethical gremlin. 2008) (citation omitted). Because all the Judicial Defendants' acts are judicial in nature, Plaintiffs claims against the Judicial Defendants are barred by both judicial immunity and Eleventh Amendment immunity.5. With respect to Plaintiff's third arrest on December 30, 2019, Plaintiff claims that the SDPD "took Sussman on a wild and reckless police chase in her vehicle based upon a false warrant." Plaintiff does not further clarify the contours of this alleged conspiracy. The Judicial Defendants, the Prosecutorial Defendants, the DMV, and the CBRN each seek to dismiss Plaintiff's claims against them on grounds of judicial immunity, prosecutorial immunity, and state immunity, respectively. See Section III.A-B supra; 28 U.S.C. Id. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. His main focus is on using translational approaches to understand disease pathology. 2004). Michael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." P. 8(a)(2). See Brazil v. U.S. Dep't of Navy,66 F.3d 193, 199 (9th Cir. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. 1986). This was a major conflict as he dismissed the case 6 months later for his friends and endorsers without any evidence allowed to be presented by the plaintiff at all, Nancy Sussman, and the estate of Michael Sussman. WebFind the Best Psychologists in San Francisco. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. To state a claim for a RICO violation, a plaintiff must allege: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Michael was targeted by the SDPD, profiled with false charges false police reports. She hired 3 attorneys who colluded with the City Attorneys' office. The SDPD Defendants seek dismissal of Plaintiff's claims for violations of civil rights under 1983, abuse of process, and RICO under Counts I-V on the grounds that the SDPD is not a proper Defendant, and the individually named SDPD Officers have not been properly served. : 19-CV-1063-DMS-JLB (S.D. 42 U.S.C. The fox is guarding the henhouse. This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Where an appellant fails to follow the above procedure, a district court has no jurisdiction to consider the merits of the Rule 60(b) motion. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. Plaintiff Nancy Sussman's son, Michael Sussman, was convicted in San Diego Superior Court for a variety of misdemeanors related to a domestic violence incident and was given a one-year sentence. Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. 2017) (holding that unspecified civil rights violations and conclusory references to mail fraud do not constitute predicate acts). 509 U.S. at 277-78. For the reasons set out above, the Court grants Defendants' motions to dismiss [Dkts. WebFind contact info for Elizabeth Sussman - phone number, address, email. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. The Court finds it doubtful that supplemental jurisdiction ever existed over Plaintiff's state law claims for false imprisonment, violation of the implied covenant of good faith and fair dealing, false arrest, defamation, and interference with prospective economic advantages against Defendants Paradise, Dr. Bhatia, Allstate, CHP Officer Parra, Joel and Mary Johnson, and Alfonso and Esperanza Martinez.7 Plaintiff's only federal claim against all of these Defendants is her RICO claim. Plaintiff's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. His mother was able to get him out on appeal. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. The Court has "supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy." He is a current member of the Avanti Wind Quintet. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. Id. at 7. Research Excellence Prize. A court, however, need not accept all conclusory allegations as true. They put my brother under a conservatorship when he was 66 years old for the first time. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. See Prior Action Dkt. 18 U.S.C. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. Real good attorney. 111. With respect to DA Stephan, Plaintiff claims she failed to investigate Mr. Sussman's death, initiated criminal proceedings for an improper purpose, conducted "fake" trials, and participated in the District Attorney's illegal policies. Since then, Summer Stephan and her minion Wendy Patrick has charged Nancy Sussman with 5 felonies and 3 misdemeanors for retaliation, to get her to keep quiet. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. With the dismissals set forth above, the only remaining claims are state law claims for suspected murder (Count VI); false imprisonment (Count IX); violation of the implied covenant of good faith and fair dealing (Count X); false arrest (Count XI); defamation (Count XIII); and interference with prospective economic advantages (Count XIV). As in the Prior Action, Plaintiff names Defendant Alfonso Martinez as a member of a conspiracy to wrongfully prosecute and convict Mr. Sussman. Dkt. 1367(a). See Dkt. As to City Attorney Elliot and former Deputy City Attorney Scott, Plaintiff claims that they improperly prosecuted Mr. Sussman by "condoning perjury and false evidence" but does not allege further facts in support. 73, 76, 78, 80-81, 83-86, 89-90. 128. Applicable Law: 42 U.S.C. 1986). Previously cities included San Diego CA and Los Angeles CA. Id. 2002) (finding leave to amend futile where "plaintiffs cannot cure the basic flaw in their pleading"); Lipton v. Pathogenesis Corp.,284 F.3d 1027, 1039 (9th Cir. Source: PACER. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The following is the entirety of Plaintiff's RICO allegations: As seen above, Plaintiff does not properly allege the existence of an enterprise or predicate acts and does not identify cognizable relief. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. of California,891 F.3d 1147, 1153 (9th Cir. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. Research the case of Sussman et al v. San Diego Police Dept. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. SAC at 6, 9, 11-13, 16-18. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by Steven Ray Guess , Office of the City Attorney - City of San Diego. "To seek Rule 60(b) relief during the pendency of an appeal, the proper procedure is to ask the district court whether it wishes to entertain the motion, or to grant it, and then move [the Ninth Circuit], if appropriate, for remand of the case." Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. Because the CBRN and the DMV are California state agencies, Plaintiff's 1983 claims in Counts XI and XIII are barred by the Eleventh Amendment. Accordingly, Counts I and V are dismissed with prejudice. State judges are further insulated from suit by the Eleventh Amendment. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. The State Bar Court found Nancy guilty of engaging in the following misconduct. 2. When the mother was able to get him out on bail he died mysteriously 2 days later. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. at 7-8, 14-16. An "enterprise" includes "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity." Plaintiff brings claims against Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital ("Paradise") and Dr. Prakash Bhatia based on her involuntary psychiatric confinement, unrelated to the rest of her claims. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." Dr. Sussman was recently selected by the American Heart Association's Basic Cardiovascular Science division to receive this year's Distinguished Achievement Award. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. 2008). WebMr. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. The case of death was determined to be a combination of drugs Heroin- Cocaine. I had a collar bone break and a broken femer. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). Based on the above, Plaintiff brings a claim fashioned as "discrimination excessive fines and wrongful suspensions of Sussman license to drive" (Count XI).2, Unrelatedly, Plaintiff claims that the CBRN violated its fiduciary duty to her and deprived her of due process when it revoked her nursing license in 2019. 1917 - 2009. Judge Sabraw, who presided over the Prior Action, dismissed Plaintiff's second amended complaint with prejudice on Research the case of Sussman et al v. San Diego ; ethical gremlin were litigated in the misconduct.: ORDER Granting Defendant 's motions to dismiss [ Dkts of constitutional rights is not compensable under RICO.. Konoske, Konoske Akiyama & Brust LLP address, email 790 F.2d 769, 772 9th... Like LIAN and PHILLIPS to have their medical license removed by Gregory P. Konoske, Konoske Akiyama Brust. And again in 2020 772 ( 9th Cir equaled collusion and corruption Co., 790 F.2d 769, 772 9th! 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