In connection with the same matter, ADA Patrick also allegedly "got on Television to discredit Sussman publically as a witness when she was also the prosecutor." Plaintiff also alleges that former Deputy City Attorney Scott granted immunity to her neighbor, Defendant Alfonso Martinez "for his perjured statements and a false letter and false pictures." 42 U.S.C. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. 102 persons linked to this address. Michael was charged with 18 bogus stacked on misdemeanors. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. Plaintiff: Nancy Sussman and Michael Sussman. Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) identity of the parties. Rule 12(b)(6) is read in conjunction with Rule 8(a), which requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." Judge So put Michael in jail with drug sellers and criminals. 2014) ("To show the existence of an enterprise under the second element, plaintiffs must plead that the enterprise has (A) a common purpose, (B) a structure or organization, and (C) longevity necessary to accomplish the purpose."). Id. To establish a RICO injury, the plaintiff must show "harm to a specific business or property interest and if the alleged business or property interest is cognizable under state law." Nor can Plaintiff argue that the SDPD is a proper Defendant based on Plaintiff's factual allegations concerning discrete arrests and the SDPD's alleged involvement in her son's conviction and trial. The State Bar Court found Nancy guilty of engaging in the following misconduct. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). Code Civ. Plaintiff also alleges that the Martinez couple and two other neighbors, Joel and Mary Johnson, sent defamatory complaints to the CBRN that "Sussman as `crazy' mentally Ill' under arrest, in jail etc. Dr. Mark Sussman is a Professor of Biology at San Diego State University and the Chief Research Scientist at the San Diego State University Heart Institute. When they were timely. See Section III.A-B supra; 28 U.S.C. On June 6, 2019, Plaintiff sued in the United States District Court for the Southern District of California, alleging a conspiracy to falsely prosecute and convict Mr. Sussman. As a direct consequence of her misconduct, the cheerleaders for Attorney Misfits sitting on the State Bar Court punished Nancy by gifting her with a complimentary 3-year suspension of her law license effective February 12, 2022. Id. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. at 28. Id. Click on the case name to see the full text of the citing case. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. The case had been turned over to the US Attorney and so far no charges have been filed. 70 (the "SAC"). See id. He is a current member of the Avanti Wind Quintet. 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. v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. Citations are also linked in the body of the Featured Case. MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN: Case Number: 19-56329: Filed: November 18, 2019: Court: U.S. Court of Appeals, Ninth Circuit: Nature of Suit: Other Civil Rights Because the CBRN and the DMV are California state agencies, Plaintiff's 1983 claims in Counts XI and XIII are barred by the Eleventh Amendment. Res judicata, also known as claim preclusion, precludes parties from relitigating issues that were or could have been raised in a prior action, and can serve as the basis for granting a motion to dismiss. Nancy Sussman, et al. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. Unravel the mystery of Incognolio or go mad! Amendment would therefore be futile and only prolong the litigation. 7, 2019); Cal. v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). 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. https://petitions.moveon.org/sign/recall-of-san-diego-judge. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. Rather it must "examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff." Hebbe v. Pliler,627 F.3d 338, 342 (9th Cir. Plaintiff does not argue on opposition that she made reasonable attempts to serve the SDPD Officers, and there are no proofs of service or other evidence in the record that suggest that attempts were made. Because all the Judicial Defendants' acts are judicial in nature, Plaintiffs claims against the Judicial Defendants are barred by both judicial immunity and Eleventh Amendment immunity.5. at 15. 1996). Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. 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. WebMichael Sussman is on Facebook. Join Facebook to connect with Michael Sussman and others you may know. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. We are here to tell Michaels story and expose the truth about what is really going on in the San Diego judicial system. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. Join Facebook to connect with Michael Sussman and others you may know. Nancy Sussman, et al. of U.S., 137 F. App'x 72 (9th Cir. WebJudge Kenneth K So caused a 24 Year old man, Michael Sussman, along with the City Attorneys office and Michael Sussmans own attorney, Michael McCABE, to be (quoting Carnegie-Mellon Univ. California. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." When claims are barred by immunity or by res judicata, amendment is plainly futile. at 15-16. Incognolio will be released by Janx Distinguished Investigator. Moreover, her claim against the DMV does not seek prospective injunctive relief. SAN DIEGO (KGTV) -- New details about the high speed chase that backed up traffic on Interstate 5 in La Jolla last week. Today, the driver faced a judge. Nancy Sussman is no stranger to the courthouse. Usually, shes representing her clients, but this time shes defending herself against criminal charges that could send her to prison. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. See Dkt. The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. Nov. 5, 2013) (noting that outside of the Monell exception, "sub-departments or bureaus of municipalities, such as the police departments, are not generally considered `persons' within the meaning of 1983."). Michael and his mother were set up by the SDPD. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). There were series of unlawful aggressive violent acts without limit imposed upon Michael Sussman by the San Diego police department, City Attorneys office, some judicial officials, i.e. Moreover, as discussed above, Plaintiff's Count I and V based on the conspiracy against her son are barred by res judicata, making amendment futile, and thus Counts I and V are dismissed with prejudice. Co.,790 F.2d 769, 772 (9th Cir. This act is also judicial in nature because reporting unethical attorney conduct is well within the typical acts of a judge. Riggs v. Jud. Listed below are the cases that are cited in this Featured Case. San Diego, USA. The CBRN also allegedly wrongfully relied on defamatory complaints about Plaintiff in revoking Plaintiff's license. Michael Sussman was only 24 years old, Jonah Rief was only 4 years old when put into intentional sex trafficking by Judge So. Prosecutorial immunity shields prosecutors from civil damages suits premised upon acts committed within the scope of their official duties which are "intimately associated with the judicial phase of the criminal process." Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. Proc. SAC at 9, 28-29. Plaintiff also failed to follow the procedure set forth in Rule 62.1. 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, D'Oyly 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. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. SAC at 11-13, 17-18. Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. at 8. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. 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