Foster v. Harrell CA5
Plaintiff Ricky Tyrone Foster filed this action under section 1983 of title 42 of the United States Code (section 1983) against three superior court judges and a former deputy district attorney. Foster sought (1) declaratory relief stating each defendant’s acts and omissions violated his constitutional rights and (2) injunctive relief vacating orders on his postconviction DNA motions brought under Penal Code section 1405 and granting him a hearing. The trial court sustained defendants’ demurrers based on its lack of subject matter jurisdiction and defendants’ immunity.
The initial and dispositive issue in this appeal is whether the superior court had subject matter jurisdiction over a section 1983 action that challenges orders entered by the superior court in plaintiff’s criminal case. As explained below, the superior court lacked subject matter jurisdiction.
We therefore affirm the judgments of dismissal.
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