Neilson v. Memmott, 10th Cir. (1999)

F I L E D
UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT
United States Court of Appeals

Tenth Circuit
NOV 12 1999
PATRICK FISHER
Clerk
DICK NEILSON,
Plaintiff-Appellant,
v.
JON M. MEMMOTT, individually and
in his capacity as Second Judicial
District Court Judge; STEPHEN
NEBEKER; RICK ROSE; WILLIAM
A. MARSHALL; ROSANNE KRAUS,
individually and as Custodian of
Records - Camarillo State Hospital;
NIKKI BATRES, individually and as
Custodian of Records - Patton State
Hospital; VIRGINIA PADGETT,
individually and as Custodian of
Records - Atascadero State Hospital;
WHITE MEMORIAL CENTER,
Custodian of Records;
ATASCADERO STATE HOSPITAL,
Custodian of Records; THE STATE
OF UTAH,
No. 98-4229
(D.C. No. 95-CV-755)
(D. Utah)
Defendants-Appellees.
ORDER AND JUDGMENT
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Before BRORBY, EBEL , and HENRY , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal.
See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.

Plaintiffs allegations of constitutional violations in this case arise from a
proceeding in Utah state court, in which plaintiffs medical records were
subpoenaed from California hospitals, to be used in the defense of an action
brought by plaintiff in state court. Plaintiff brought suit in federal district court,
complaining that the defendants violated his constitutional rights in connection
with the issuance of and compliance with the subpoenas. Plaintiffs amended
complaint alleges: violations of 42 U.S.C. 1983, 1985, and 1988; violation of
plaintiffs privacy rights; violation of the doctor-patient privilege; unspecified
constitutional violations; and negligence. The district court granted defendant
Judge Memmots motion to dismiss, finding that he was immune from suit;
granted defendant attorneys Nebeker, Rose, and Marshalls motion to dismiss,
finding that they were not state actors and that there was insufficient evidence of
a conspiracy with a state actor (Judge Memmot) to violate plaintiffs civil rights;
granted defendant White Memorial Hospitals motion for summary judgment,
-2-
finding no personal jurisdiction and, alternatively, that it was not a state actor;
and granted defendants Kraus, Batres, and Padgetts motion to dismiss, finding
that they were entitled to qualified immunity. No party raised a question
regarding the district courts jurisdiction, and it did not discuss its jurisdiction.
As a threshold matter before reviewing the merits of the district courts
action, we have a duty to examine our own jurisdiction.
See Lopez v. Behles (In
re American Ready Mix, Inc.) , 14 F.3d 1497, 1499 (10th Cir. 1994)
. Further, a
party may challenge subject matter jurisdiction for the first time on appeal.
Oklahoma City Assocs. v. Wal-Mart Stores, Inc.
See
, 923 F.2d 791, 794 (10th Cir.
1991). Because we hold that the district court had no jurisdiction, we must
dismiss this appeal and remand the case to the district court with instructions to
vacate its judgment and dismiss the amended complaint for lack of subject matter
jurisdiction.
The Rooker-Feldman doctrine prohibits the district courts consideration of
plaintiffs amended complaint.
See Rooker v. Fidelity Trust
Co., 263 U.S. 413,
415-16 (1923); District of Columbia Court of Appeals v. Feldman
, 460 U.S. 462,
486 (1983) . The Rooker-Feldman doctrine bars a party losing in state court . . .
from seeking what in substance would be appellate review of the state judgment
in a United States district court, based on the losing partys claim that the state
judgment itself violates the losers federal rights.
-3-
Kiowa Indian Tribe of Okla.
v. Hoover , 150 F.3d 1163, 1169 (10th Cir. 1998) (quoting
Johnson v. De Grandy ,
512 U.S. 997, 1005-06 (1994)). Federal district courts do not have jurisdiction
over challenges to state-court decisions in particular cases arising out of judicial
proceedings even if those challenges allege that the state courts action was
unconstitutional.
Van Sickle v. Holloway , 791 F.2d 1431, 1436 (10th Cir. 1986)
(quoting Feldman , 460 U.S. at 486). In addition to prohibiting consideration of

matters actually decided by state courts, the doctrine also precludes a federal
court from providing relief that is inextricably intertwined with the state court
decision. Feldman , 460 U.S. at 482-84 n.16;
see also Facio v. Jones , 929 F.2d
541, 543 (10th Cir. 1991).

In his amended complaint, plaintiff requested the following relief: an order
directing that plaintiffs medical records and all copies be delivered to plaintiff;
damages from the various defendants for violation of plaintiffs civil rights
resulting from their parts in requesting, issuing, and complying with the
subpoenas; an order setting aside the state court judgment and ordering that the
case be reopened; an injunction barring the future release of plaintiffs medical
records to anyone; and costs and fees associated with bringing the federal action.
In the state court action, plaintiff filed a motion to quash the subpoenas
requesting his medical records, arguing that release of the medical records would
violate his constitutional rights and that the records were irrelevant and being
-4-
sought only to harass and embarrass him. The state court held a hearing on the
motion, and, after hearing plaintiffs arguments against the issuance of the
subpoenas, denied the motion to quash.
Plaintiffs request that the district court set aside the state court judgment is
beyond the district courts jurisdiction.
See id . All of the remaining forms of
relief plaintiff requested from the district court are inextricably intertwined with
the state courts denial of plaintiffs motion to quash the subpoenas. The district
court could not have considered any of plaintiffs claims or granted any of the
requested relief without, in effect, reviewing the state courts decision to allow
the subpoenas to issue.
See Van Sickle , 791 F.2d at 1436. Consequently, plaintiff
has in essence asked the district court to review the final decision of the state
court on the issuance and validity of the subpoenas. Because the district court
was without jurisdiction to perform such review, we DISMISS the appeal and
REMAND the case to the district court with instructions to vacate its judgment
and dismiss the action for lack of jurisdiction.
Entered for the Court
David M. Ebel
Circuit Judge
-5-

Neilson v. Memmott, 10th Cir. (1999)

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F I L E D

UNITED STATES COURT OF APPEALS

United States Court of Appeals

Before BRORBY, EBEL , and HENRY , Circuit Judges.

See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

therefore ordered submitted without oral argument.

See Lopez v. Behles (In

, 923 F.2d 791, 794 (10th Cir.

See Rooker v. Fidelity Trust

Co., 263 U.S. 413,

415-16 (1923); District of Columbia Court of Appeals v. Feldman

, 460 U.S. 462,

Kiowa Indian Tribe of Okla.

v. Hoover , 150 F.3d 1163, 1169 (10th Cir. 1998) (quoting

(quoting Feldman , 460 U.S. at 486). In addition to prohibiting consideration of

see also Facio v. Jones , 929 F.2d

541, 543 (10th Cir. 1991).

See id . All of the remaining forms of

See Van Sickle , 791 F.2d at 1436. Consequently, plaintiff

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