United States Ninth Circuit

In an action against a bank involving allegations that plaintiffs' were wrongfully evicted and their property improperly foreclosed upon, dismissal of plaintiffs' claims is affirmed where: 1) plaintiffs' section 1983 claims constituted a de facto appeal of a state court decision and were therefore barred by the Rooker-Feldman doctrine; and 2) plaintiffs' collateral attack on a bankruptcy court's jurisdiction was unavailing, and thus, defendant-bank did not violate 11 U.S.C. section 362 in foreclosing on plaintiffs' property.

Appellate Information

• Argued 12/06/2007
• Decided 05/08/2008
• Published 05/08/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles R. Markley, Greene & Markley, P.C., Portland, OR, argued the cause for the plaintiffs-appellants and filed briefs.


• For Appellees:
  
• Thomas R. Johnson, Perkins Coie LLP, Portland, OR, argued the cause for the defendants-appellees and filed a brief;  Amber A. Hollister, Perkins Coie LLP, Portland, OR, was on the brief.