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MOROZKO v. SHOSHONE COUNTY IDAHO (2021)

United States Court of Appeals, Ninth Circuit.2021-05-27No. No. 20-35622

Summary

Holding. The district court's judgment dismissing Morozko's § 1983 and state law claims was affirmed.

Kurt Morozko, proceeding without counsel, appealed the dismissal of his civil rights lawsuit against Shoshone County, Idaho. He alleged violations of federal constitutional rights under 42 U.S.C. § 1983 as well as violations of Idaho criminal statutes. The appellate court examined whether the district court properly dismissed his claims at the pleading stage and whether it appropriately enforced page limits applicable to pro se prisoner complaints.

The court found no error in the district court's dismissal. Morozko's federal claims failed because he did not allege sufficient facts showing a constitutional violation caused by an official policy or custom, which is required to establish municipal liability. His claims based on Idaho criminal statutes also could not proceed because criminal statutes ordinarily do not create private rights of action allowing individuals to sue for damages. Additionally, the district court acted within its discretion by enforcing a 20-page filing limit for pro se prisoner civil rights cases under local rule. The court also rejected Morozko's argument that the Prison Litigation Reform Act's screening requirements were unconstitutional.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether Morozko alleged sufficient facts to establish municipal liability under Monell
  • Whether Idaho criminal statutes provide a private right of action
  • Whether enforcing page limits on pro se prisoner complaints violates procedural rules
  • Whether Prison Litigation Reform Act screening requirements are constitutional

Procedural posture

Morozko appealed pro se from a district court judgment dismissing his federal civil rights action and state law claims at the pleading stage under § 1915A.

Authorities cited

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Opinion

MEMORANDUM **

Kurt A. Morozko appeals pro se from the district courts judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A for failure to state a claim. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.

The district court properly dismissed Morozkos federal claims because Morozko failed to allege facts sufficient to show that he suffered a constitutional violation as a result of an official policy or custom. See Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc) (discussing requirements to establish municipal liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)).

The district court properly dismissed Morozkos claims for violation of Idahos criminal statutes because criminal statutes generally do not give rise to a private right of action. See Cent. Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164, 190, 114 S.Ct. 1439, 128 L.Ed.2d 119 (1994).

The district court did not abuse its discretion by enforcing the 20-page limit for pro se prisoner complaints in civil rights cases, set forth in Idaho General Order No. 342. See Leong v. Potter, 347 F.3d 1117, 1125 (9th Cir. 2003) (reviewing for abuse of discretion a district courts decision to enforce its procedural rules).

We reject as meritless Morozkos contention that the screening requirements of the Prison Litigation Reform Act are unconstitutional.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Morozkos motion for an order to show cause is denied.

AFFIRMED.