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Civil Rights
42 U.S.C. Section 1983
Public Corruption

Patrick A. Missud v. State of Nevada, Steven Grierson, Elizabeth Gonzalez, Bonnie Bulla, Susan Eckhardt, David Sarnowski, Nevada State Bar, Constance Akridge, Nevada Supreme Court, Pickering, Gibbons, Hardesty, Parraguirre, Douglas, Cherry, Saitta, Curtis Coltrane, Loretta Giorgi, DR Horton Inc., Securities And Exchange Commission, Mary Shapiro, Ei

Published: Apr. 21, 2012 | Result Date: Mar. 22, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 3:11-cv-03567-EMC Bench Decision –  Dismissal

Facts

Patrick Missud, an attorney, sued D.R. Horton Inc. and several state and federal judicial defendants and public offices for public corruption and civil rights violations on behalf of an unspecified class of purported victims. In response, defendants filed a motion to dismiss and a motion to declare Missud a vexatious litigant.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that builder D.R. Horton ("DRH") sold 53,000 homes in 2007 and illegally bundled them with predatory loans. He contended that, if consumers wanted the houses that they already put thousands in deposits in forfeitable escrow for, then they also had to capitulate to bait and switch loans. Moreover, plaintiff contended that any consumer that thereafter tries to sue DRH automatically loses.

Result

Missud's claims against Horton were dismissed for lack of personal jurisdiction. Missud's claims against the judicial defendants were dismissed with prejudice on the grounds of judicial immunity and failure to state a claim. The claims on other defendants were also dismissed for other reasons. The court also granted defendant's motion to declare Missud a vexatious litigant.


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