Mark Feathers v. U.S. Securities and Exchange Commission
Published: Jun. 21, 2024 | Result Date: Mar. 19, 2024 | Filing Date: Oct. 31, 2023 |Case number: 5:23-cv-05610-SVK Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Vivian F. Wang
(Office of the U.S. Attorney)
Facts
Plaintiff Mark Feathers, appearing pro se, sought damages and declaratory relief for alleged violations of his constitutional rights in connection with an administrative proceeding brought by Defendant, the U.S. Securities and Exchange Commission ("SEC") relating to Feathers' violations of federal securities laws. The complaint alleges that as a result of the SEC's litigation and enforcement actions against him, Feathers suffered: monetary loss; Fourth Amendment violations; and discriminatory and unlawful treatment in violation of the Takings, Due Process, and Equal Protection Causes. The SEC's moved to dismiss arguing that Feathers' claims were moot, barred by sovereign immunity, inadequately pled, and barred by res judicata.
Result
The court granted the SEC's motion to dismiss and denied Feathers leave to amend his complaint.
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