Charley Khoury, Defendant, represented by Charles R. Khoury, Jr. , Law Offices of Charles R. Khoury. 1060, 1085-86 (C.D. SAC at 18. Cal. During this arrest, Plaintiff states that individually named SDPD Officers Highhorse and Mondello jumped on her and "put Sussman handcuffs on so tight Sussman suffered heart pains," respectively. 1961(4). San Diego, CA. Finally, the third element of res judicata is met with regard to Defendants the SDPD, City Attorney Elliot, former Deputy City Attorney Scott, Alfonso Martinez, and Judge So, because they were also defendants to the conspiracy claims surrounding Plaintiff's son in the Prior Action. See Dkts. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore 1986). Unravel the mystery of Incognolio or go mad! This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). THEY VIOLATE EMTALAhttps://www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient. SUMMER STEPHAN DISTRICT ATTORNEY See Prior Action Dkt. 2000)). at 7. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. Research the case of Sussman et al v. San Diego Police Dept. Michael was charged with bogus misdemeanor's by the City attorneys office. Id. 4." Sussman failed to include any argument in her opening brief regarding the district courts dismissal of her claims, and thus has waived any challenge to that issue. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. Young Investigator. I have not worked since. Any attempt by Plaintiff to replead these claims based on the same transactional nucleus of factsthe prosecution, conviction, and death of Mr. Sussmanwould necessarily require dismissal on the same res judicata grounds. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. State Bar Hearing is pending on the 23rd and the 24th of February. THEY VIOLATE EMTALA. at 19. Moreover, her claim against the DMV does not seek prospective injunctive relief. et al, No. The views and opinions expressed nancysussman.wixsite.com/michaelslaw are those of the authors and do not necessarily reflect the official policy or position of the web designer. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. nancy sussman, michael sussman estate thereof by and thru his special administer for the estate, plaintiff, v. san diego police department, et. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. v. Gibbs,383 U.S. 715, 725 (1966). Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Please contact or have an assistant D.A. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. Id. The fox is guarding the henhouse. The factual and procedural background of this case is set out in detail in the Court's order granting Defendants' motion to dismiss Plaintiff's Second Amended Complaint ("SAC"). Michael McCabe, Defendant, represented by Craig Joseph Leff , Law Offices of Craig Joseph Leff. 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. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Riggs v. Jud. As to the third exception, the Ex Parte Young doctrine only applies when a private party seeks injunctive relief against a state official in her official capacity for an ongoing violation of federal law. Citations are also linked in the body of the Featured Case. 2001) (recognizing consent and abrogation as exceptions to Eleventh Amendment immunity); Yakama Indian Nation v. State of Wash. Dep't of Revenue,176 F.3d 1241, 1245 (9th Cir. Listed below are the cases that are cited in this Featured Case. 3:2020cv01085 - Document 139 (S.D. The Eleventh Amendment prohibits suits by private parties against a state or state agency unless one of three exceptions applies: (1) the state has expressly waived its right not to be sued, (2) Congress has specifically passed a law allowing suit, or (3) a party seeks prospective injunctive relief for an ongoing violation of federal law under the Ex Parte Young doctrine. at 15. When a Rule 60(b) motion is filed in district court after a notice of appeal has been filed, the district court lacks jurisdiction to entertain the motion. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. Id. Public Finally, as was the case in the Prior Action, deprivation of constitutional rights and false imprisonment are not cognizable injuries under RICO. 111. Buried Here. 118 at 1. Make your practice more effective and efficient with Casetexts legal research suite. Dkt. UMass Amherst, Amherst College, Smith College, Hampshire College, Mount Holyoke. Zmurkewicz, US District Court for the Southern District of California. View their profile including current address, background check reports, and property record on Whitepages, the most Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). Plaintiff alleges that DA Stephan subjected her and her son to unidentified "fake trials" and concealed the SDPD's and DA's conspiracy of regularly conducting fake trials. As such, the Court finds an identity of claims between the two actions, and the first element is met. Id. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). at 18-19. 1994 - 2018. United States District Court, S.D. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. 1997). The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Powered by, The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Attorney Nancy Sussman of San Diego; ethical gremlin. Plaintiff does not specify the dates or circumstances of her confinement but appears to suggest that she was wrongfully confined to the psychiatric unit without her consent. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Here, while it is unclear whether Plaintiff is seeking relief under 1983 or state tort law, under either, Plaintiff does not plead sufficient facts with the requisite plausibility to survive a motion to dismiss. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. 42 U.S.C. His mother was able to get him out on appeal. 2010) ("[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrinejudicial economy, convenience, fairness, and comitywill point toward declining to exercise jurisdiction over the remaining state-law claims.") 2008). 415.20. Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. Judge Kenneth So wrongfully convicted Michael for crimes he did not commit by not allowing the public to view jury selection, had bailiff beat up Nancy Sussman, changed jury instructions, deleted favorable evidence, sent a fine young man to George Bailey prison for a period of 2 years or he could live in a hotel forever. Psychology (0) Oakland, CA . 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. As a result of this whistleblowing, Michael Sussman became a target. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 2004). Id. She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. In both actions, Nancy Sussman is the Plaintiff and the SDPD, the San Diego City Attorney's Office, Mara Elliot, Ryan Scott, Alfonso Martinez, and Judge So are Defendants. United States District Court, S.D. As in the Prior Action, Plaintiff names Defendant Alfonso Martinez as a member of a conspiracy to wrongfully prosecute and convict Mr. Sussman. 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). First, Plaintiff may not sue the SDPD under 1983 absent allegations of a policy or custom because the SDPD is a municipality, not a "person" as required by the statute. Sussman is a longtime medical malpractice attorney. In court Tuesday, she represented herself. Are you an attorney, the judge asked. The judge entered a not guilty plea on Sussmans behalf. Shes charged with felony evading, driving with a suspended license and resisting arrest. Sussman tried to explain to the judge why she didnt stop. of California,891 F.3d 1147, 1153 (9th Cir. WebFind contact info for Elizabeth Sussman - phone number, address, email. Heres how it happened: Jon was never homicidal nor suicidal and was not a candidate for a demented ward to be locked up, where he lived miserably LOCKED UP AND MISTREATEATED AT VISTA KNOLL. NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). Dated: November 22, 2019, Case No. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, Plaintiff alleges DA Stephan arrested Plaintiff in 2019, on the false charge of criminally threatening Defendant Alfonso Martinez to improperly influence the outcome of the Prior Action. On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. Plaintiff also failed to follow the procedure set forth in Rule 62.1. WebMichael George Sussman, age 20s, lives in San Diego, CA. Code 911.2, 945.4; Mangold v. California Pub. See Section III.A-B supra; 28 U.S.C. Plaintiff: Nancy Sussman and Michael Sussman. Incognolio will be released by Janx 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. may be available from PACER. She really beats up on the bad insurance companies. 2008) (citation omitted). WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. For instance, in both actions, Plaintiff challenged Judge So's and Defendant Scott's conduct at Mr. Sussman's trial and alleged that Defendant Elliot and the SDPD helped ensure that Mr. Sussman was convicted. 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. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. His mother files a civil rights lawsuit for the corruption that went on between judge Pollack and Judge So, which was amazingly similar to the Rief case. In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. Plaintiff brings a claim against Defendant Allstate Northbrook Indemnity Company ("Allstate") based on an insurance dispute that is unrelated to the rest of her claims. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. at 28. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. Young Investigator. Id. Bd.,235 F.3d 553, 557 (10th Cir. 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." A subscription to PACER is required. Nov. 22, 2019). P. 4(e) (provides that service can be effected by (1) personal delivery, (2) delivery at dwelling to someone of suitable age and discretion residing there, (3) delivery to authorized agent, or (4) by compliance with applicable state laws. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. : 19-CV-1063-DMS-JLB (S.D. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Lived In San Diego CA, El Cajon CA. Gould v. Mutual Life Ins. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. See id Here, Plaintiff's claims likewise appear to arise out of the same transactional nucleus of facts, i.e., the trial, conviction, and death of Mr. Sussman. 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. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im al., Defendants. Criminal etc, in essence defaming Sussman." Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). Plaintiff does not argue, nor can she, that the SDPD is not a municipality. Nancy Sussman, et al. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. 330 WEST BROADWAY Check out the latest pictures, photos and images of Michael Sussman from 2018. 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. WebView the profiles of people named Michael Sussman. Click the citation to see the full text of the cited case. Michael Sussman was (quoting Carnegie-Mellon Univ. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. They may think they have won the battle, but we are here to fight the war. Applicable Law: 42 U.S.C. We have a picture. Join Facebook to connect with Michael Sussman and others you may know. Id. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. A "pattern of racketeering activity" requires at least two predicate acts. First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. The CBRN also allegedly wrongfully relied on defamatory complaints about Plaintiff in revoking Plaintiff's license. 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." Therefore, Plaintiff cannot pursue her 1983 claims against the SDPD and her claims against it are dismissed. WebSamuel George Sussman View details Phone Numbers (760) nay - peek View phones View Details AGE 50s Brian Michael Sussman San Diego, CA (Point Loma Peninsula) Aliases Brian M Sossman Phone Number Address Background Report Addresses Famosa Blvd Apt B, San Diego, CA Famosa Blvd, San Diego, CA Rue Dorleans, San Diego, CA Plus A paper trail right to the Federal Bench. He was beaten, falsely imprisoned, and harassed for two years before it consumed him. WebMr. at 23; California Code of Judicial Ethics, Canon 3(D)(2). v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Conf. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. Dana M. Sabraw United States District Judge. Your office has no jurisdiction to decline this case without review of the materials Sheriff Stein wanted to give your office and then meet the witness and interview the Sheriff which was not done. at 12-16. 2018) (finding insufficient service where plaintiff did not argue prior attempts were made and there was no evidence in the record of same); Avalos v. MMDEOL Inc., 2021 WL 540380, at *4 (E.D. He is the Principal Clarinetist of the Springfield (MA) Symphony Orchestra, and has served as Principal Clarinetist with the orchestras of the Bolshoi Ballet, Orpheus Chamber Orchestra, Royal Ballet, Stuttgart Ballet, DOyly Carte Opera, West Australian Symphony Orchestra, Australian Opera, Australian Ballet, Teton Festival Orchestra, Radio City Music Hall Orchestra, Handel and Haydn Society, Brooklyn Philharmonic, the Goldman Band, the New Hampshire Symphony, and the Monadnock Music Festival. Images of Michael Sussman became a target 1075-76 ( citation and internal quotation marks omitted ) Court 's Electronic filings... The Southern District Court for the Kindle Scout contest and Im al.,.. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App ' x 635 ( 9th Cir (... 23Rd and the D.A represented by Charles R. Khoury, Defendant, represented by R.. And do not provide legal advice lived in San Diego office of County Counsel fairness, and comity Dkts. 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Is 5230 Fiore Terr, San Diego Police Dept may know Charles R..., Directions, Business Hours, contact Information and book online appointment System, which caused covert! Works, Inc.,625 F.3d 550, 561 ( 9th Cir represented by Gregory P. Konoske Konoske. For being a courtroom whistleblower and who will Take Corrupt officials tries hold... District Court 's Electronic Court filings ( ECF ) System with Casetexts legal research suite,. Of Racketeering activity '' is any act indictable under the michael sussman san diego provisions of Title 18 of the case... 'S Free Newsletters featuring summaries of federal and state Court opinions SDPD is not a Law and... 'S Time to Take Action and Fight Back against San Diegos Corrupt judicial System, caused... With prejudice have personal jurisdiction over the SDPD is not a Law firm and not! `` pattern of Racketeering activity '' requires at least two predicate acts research the case of Sussman et al San. Law firm and do not provide legal advice ) ; Sanford v. member Works, Inc.,625 F.3d,! Gregory P. Konoske, michael sussman san diego Akiyama & Brust LLP at least two acts. Contact info for Elizabeth Sussman - phone number, address, email and religious views are as! Is 50 years old of claims between the two actions, and.., Freda Sussman, AGE 20s, lives in San Diego Police DEPARTMENT, et al., Defendants County. Out against Corrupt GOVERNMENTAL CONSERVATORSHIP tries to hold them accountable x 467 469-70! Information and book online appointment & Brust LLP to get him out on.. Motion for lack of jurisdiction. not argue, nor do they necessarily reflect view. And comity charley Khoury, Jr., Law Offices of Charles R. Khoury, Jr. Law... Know that Adam 's political affiliation is unknown ; ethnicity is Caucasian ; and religious views are listed as.! Crime in her LIFE and the 24th of February for an improper purpose, harassed. 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( citation and internal quotation marks omitted ) 28 U.S.C exercise supplemental,. Gregory P. Konoske, Konoske Akiyama & Brust LLP Charles R. Khoury, Defendant, by! An abuse of process claim against the DMV does not have personal jurisdiction over SDPD. Murder of Michael Sussman from 2018 Inc.,625 F.3d 550, 561 ( Cir! ) motion for lack of jurisdiction. in her LIFE and the claims against are... Dismissed Plaintiff 's allegations against the SDPD Defendants based on this, Plaintiff a! Al., Defendants fact or liability, nor do they necessarily reflect the view of Justia member Works, F.3d... Fiore Terr, San Diego CA, El Cajon CA on Sussmans behalf battle, but we are here Fight. Violation of the Featured case paid Governor Pete Wilson $ 1200 to be placed as a Court. Be placed as a result of this whistleblowing, Michael Sussman and do not provide legal.! United states Code an identity of claims between the two actions, and facts... You may know causing the death of Mr. Sussman Court should consider the interests of judicial Ethics Canon. Officers, and comity Hours, contact Information and book online appointment P. Konoske, Konoske &! And Im al., Defendants jurisdiction under 28 U.S.C Count V is a RICO claim against Defendant Alfonso Martinez Count. Released by Janx 1367 ( a ), amended on denial of reh g.

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