Summary
The Seventh Circuit dismissed Marshall Fincher’s appeal against the South Bend Housing Authority for lack of appellate jurisdiction under 28 U.S.C. § 1447(d). The district court had remanded Fincher’s claims against the Housing Authority to state court based on lack of subject-matter jurisdiction under the Rooker-Feldman doctrine, while granting summary judgment to the South Bend Heritage Foundation on separate claims. The court held that the remand order was not reviewable and declined to remand for consideration of costs.
Topics
Practice areas
Questions Presented
- Whether the Seventh Circuit had jurisdiction to review the district court's remand of Fincher's claims against the South Bend Housing Authority based on lack of subject-matter jurisdiction under the Rooker-Feldman doctrine.
- Whether the court should remand the case to the district court to consider Fincher's request for costs under 28 U.S.C. § 1447(c).
Holdings
- The court lacked jurisdiction to review the district court's remand order because the remand was based on lack of subject-matter jurisdiction, and 28 U.S.C. § 1447(d) makes such an order unreviewable on appeal or otherwise.
- The court declined to remand the case for the district court to assess costs because Fincher had not first asked the district court to award costs, and the decision to award costs and fees under § 1447(c) rests within the district court's discretion.
Key quotations
“An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” (No. 09-1964 at 2)
“We emphasize that notwithstanding Taylor, remands based on the Rooker-Feldman doctrine are jurisdictional, see Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 291- 92 (2005), and therefore subject to the prohibition of appellate review in § 1447(d), see Carlsbad Tech., 129 S. Ct. at 1865-66; Things Remembered, 516 U.S. at 127-28.” (No. 09-1964 at 3)
Factual background
The South Bend Housing Authority evicted Marshall Fincher, after which the South Bend Heritage Foundation denied his application for housing. Fincher sued both entities under the United States Housing Act and the Fair Housing Act, but the district court concluded that his claims against the Housing Authority could not be disentangled from the state-court eviction judgment and that his claims against the Foundation concerned post-eviction events.
Procedural history
Fincher sued the defendants in Indiana state court under the United States Housing Act and the Fair Housing Act. The Housing Authority removed the action to federal district court. The district court remanded the claims against the Housing Authority to state court based on lack of subject-matter jurisdiction and granted summary judgment to the Heritage Foundation on the remaining claims. The Seventh Circuit granted the Housing Authority's motion to dismiss the appeal against it for lack of appellate jurisdiction.