April 24, 2026·2:24-cv-00677-DAD-CKD·Unpublished·By Aisha Johnson
The Ninth Circuit affirmed the dismissal of a pro se civil rights action brought against a state superior court. The court held that the Eleventh Amendment bars such claims against state judicial bodies.
Howard Herships filed a pro se action under Section one thousand nine hundred eighty-three of Title forty-two of the United States Code arising out of state court proceedings. The district court dismissed the action, and Herships appealed.
The court’s reasoning
The court reviewed the dismissal de novo under Section one thousand nine hundred fifteen, subsection E, paragraph two of Title twenty-eight of the United States Code. The panel concluded that the district court properly dismissed the action because the claims are barred by Eleventh Amendment immunity. The court relied on Munoz versus Superior Court of Los Angeles County, which explains that California Superior Courts are protected by Eleventh Amendment immunity.
What it means going forward
State superior courts are shielded from liability in Section one thousand nine hundred eighty-three suits brought by individuals in federal court.
