James Huffman v. Amy Lindgren, 81 F.4th 1016 (9th Cir. 2023). · Go Syfert
James Huffman v. Amy Lindgren, 81 F.4th 1016 (9th Cir. 2023). Cases Citing This Book View Copy Cite
“there is a good reason that we afford leeway to pro se parties, who appear without counsel and without the benefit of sophisticated representation ... . that logic does not apply to practicing attorneys, nor should the grace extend to them.”
85 citation events (85 in the last 25 years) across 20 distinct courts.
Strongest positive: Kozina v. Jackson (caed, 2025-08-19)
Treatment trajectory · 2023 → 2026 · click a year to view as-of
2023 2024 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kozina v. Jackson (2×) also: Cited "see"
E.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
the circuits that have reached the issue speak 11 with one voice: they have uniformly declined to extend the liberal pleading standard to 12 pro se attorneys.
discussed Cited as authority (verbatim quote) Talley v. United States Department of Veterans Affairs
W.D. Wash. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
there is a 12 good reason that we afford leeway to pro se parties, who appear without counsel and without the 13 benefit of sophisticated representation
examined Cited as authority (verbatim quote) Jo Spence v. DVA
D.C. Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
there is a good reason that we afford leeway to pro se parties, who appear without counsel and without the benefit of sophisticated representation ... . that logic does not apply to practicing attorneys, nor should the grace extend to them.
discussed Cited as authority (rule) Jeremy Conklin v. Oregon Medical Board, an Oregon State Agency; Nicole Krishnaswami, an individual; Michael Seidel, an individual; and Walter Frasier, an individual (2×) also: Cited "see"
D. Or. · 2026 · confidence medium
Id. at 1021 (citation omitted).
discussed Cited as authority (rule) Wichman v. City of San Luis Obispo
9th Cir. · 2026 · confidence medium
Although “we afford leeway to pro se parties, who appear without counsel and without the benefit of sophisticated representation,” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023), we have also acknowledged that “there are limits to what a court must do to accommodate a party appearing pro se.” Washington v. Kijakazi, 72 F.4th 1029, 1040 (9th Cir. 2023) (citations omitted).
discussed Cited as authority (rule) Donnie Yarn and Deshawn Murphy v. Trader Joe’s
D. Or. · 2026 · confidence medium
As the Ninth Circuit has explained, there is a “good reason that [courts] afford leeway to [self-represented] parties, who appear without counsel and without the benefit of sophisticated representation: ‘Presumably unskilled in the law, the [self-represented] litigant is far more prone to making errors in pleading than the person who benefits from the representation of counsel.’” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) (quoting Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000)).
discussed Cited as authority (rule) Donnie Yarn and Deshawn Murphy v. Trader Joe’s
D. Or. · 2025 · confidence medium
As the Ninth Circuit has explained, there is a “good reason that [courts] afford leeway to [self-represented] parties, who appear without counsel and without the benefit of sophisticated representation: ‘Presumably unskilled in the law, the [self-represented] litigant is far more prone to making errors in pleading than the person who benefits from the representation of counsel.’” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) (quoting Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000)).
discussed Cited as authority (rule) John Frank Serafine v. Transdev Services Incorporated, et al.
D. Ariz. · 2025 · confidence medium
There is a good reason that we afford leeway to pro se parties ... 9|| [but] [t]hat logic does not apply to practicing attorneys, nor should the grace extend to 10|| them.” Huffman v. Lindgren, 81 F.4th 1016, 1020-21 (9th Cir. 2023).
cited Cited as authority (rule) Arthur J. Bayer, Jr., et al. v. Nationstar Mortgage LLC, et al.
D. Nev. · 2025 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1020-21 (9th Cir. 2023).
discussed Cited as authority (rule) Gorovenko v. Activate Clean Energy LLC
9th Cir. · 2025 · confidence medium
Gorovenko’s conduct during this litigation may have been unprofessional by the standards to which we hold attorneys, but as a pro se plaintiff, he likely is “far more prone to making errors in pleading than the person who benefits from the representation of counsel.” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 6 24-5840 2023) (quoting Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000) (en banc)).
discussed Cited as authority (rule) Beauchamp v. Muise
D. Ariz. · 2025 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1020-21 (9th Cir. 2023). 9 Although the Ninth Circuit has not explicitly extended this holding to former attorneys, the 10 Court will not continue to give Beauchamp the benefit of liberal pleading standards.
discussed Cited as authority (rule) Edwards v. City of San Diego
S.D. Cal. · 2025 · confidence medium
While pro se pleadings are construed 25 liberally, a pro se litigant who is also a licensed attorney is not entitled to special solicitude. 26 See Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023). 27 /// 28 /// 1 DISCUSSION 2 Attorney Defendants seek dismissal of Plaintiff’s Complaint arguing they are 3 immune from liability under the Noerr-Pennington doctrine, and Plaintiff fails to state a 4 claim because he fails to establish causation, fails to allege their conduct constituted state 5 action, and fails to sufficiently allege facts to establish a Fourth Amendment violation. 6 I.
cited Cited as authority (rule) Straw v. Facebook
N.D. Cal. · 2025 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited as authority (rule) Steinmeyer v. American Association of Blood Banks (2×) also: Cited "see"
S.D. Cal. · 2025 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited as authority (rule) Green v. Harley-Davidson
D. Or. · 2025 · confidence medium
As the Ninth Circuit has explained, there is a “good reason that [courts] afford leeway to [self-represented] parties, who appear without counsel and without the benefit of sophisticated representation: ‘Presumably unskilled in the law, the [self-represented] litigant is far more prone to making errors in pleading than the person who benefits from the representation of counsel.’” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) (quoting Lopez, 203 F.3d at 1131 ).
discussed Cited as authority (rule) Jones v. City of San Diego
S.D. Cal. · 2025 · confidence medium
To the extent Plaintiff intends to assert that the County is vicariously liable 21 for Kelley’s actions under § 1983, Plaintiff is foreclosed from relying upon such a theory. 22 As the Court stated above, “a municipality cannot be held liable under § 1983 on a 23 respondeat superior theory.” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) 24 (quoting Monell, 436 U.S. at 691 ); see Hernandez, 666 F.3d at 636 . 25 Additionally, as the Court noted when dismissing Plaintiff’s claims in the Related 26 Action, “a public defender does not act under color of state law when perform…
cited Cited as authority (rule) In re: Dr. Roots Herbs, LLC
9th Cir. BAP · 2024 · confidence medium
Cal. Oct. 6, 2023) (citing Huffman v. Lindgren, 81 F.4th 1016, 1020 (9th Cir. 2023)), aff'd, 2024 WL 3874234 (9th Cir. Aug. 20, 2024).
cited Cited as authority (rule) Phillips v. Henderson
D. Nev. · 2024 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited as authority (rule) Aleta Guthrey v. Alta California Regional Center
9th Cir. · 2024 · confidence medium
Moreover, Plaintiff Areta Guthrey, who drafted each iteration of the complaint before substitution of counsel, is an attorney licensed to practice both in the State of California and before the district court (Eastern District of California). “[A]ttorneys representing themselves should not be afforded special consideration and do not fall into the category of those ‘proceeding without assistance of 7 counsel.’” Huffman v. Lindgren, 81 F.4th 1016, 1019 (9th Cir. 2023) (declining to afford an attorney representing himself the liberal pleading standard afforded to pro se parties).
discussed Cited as authority (rule) United States v. Timberly Hughes
9th Cir. · 2024 · confidence medium
Even accounting for the “leeway” afforded pro se parties, Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023), there is nothing in the record to suggest that the district court clearly erred in its willfulness determination.
discussed Cited as authority (rule) Ewing v. Freedom Forever, LLC (2×) also: Cited "see"
S.D. Cal. · 2024 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
cited Cited as authority (rule) United States v. Timberly Hughes
9th Cir. · 2024 · confidence medium
Moreover, “we afford leeway to pro se parties, who appear without counsel and without the benefit of sophisticated representation.” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited as authority (rule) Wahab v. Wahab
D. Or. · 2024 · confidence medium
The Ninth Circuit has also recognized that there is a “good reason” that district courts “afford leeway to [self-represented] parties, who appear without counsel and without the benefit of sophisticated representation: ‘Presumably unskilled in the law, the [self-represented] litigant is far more prone to making errors in pleading than the person who benefits from the representation of counsel.’” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) (quoting Lopez v. Smith, 203 F.3d 1122, 1121 (9th Cir. 2000) (en banc)).
discussed Cited as authority (rule) Zayas v. McCoy
W.D. Wash. · 2024 · confidence medium
Huffman 21 v. Lindgren, 81 F.4th 1016, 1022 (9th Cir. 2023) (internal citation omitted) (“In view 22 of the immunity of the government defendants, where, as here, ‘it is clear that the 23 1 complaint could not be saved by amendment,’ then ‘dismissal without leave to 2 amend is proper.’”). 3 The Court also notes Zayas has filed previous actions against Judge McCoy 4 alleging that she violated Zayas’s rights by holding a “termination trial” and 5 “pretending” she was authorized to terminate Zayas’s parental rights.
discussed Cited as authority (rule) Ewing v. Freedom Forever, LLC (2×) also: Cited "see"
S.D. Cal. · 2024 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited as authority (rule) Bullock v. Wells Fargo Bank, na
D. Alaska · 2024 · confidence medium
See Docs. 23 at 8–12, 17; 25 at 2–6. 25 79 Crowley v. Bannister, 734 F.3d 967, 797 (9th Cir. 2013) (emphasis, internal quotation marks, and citation omitted). 26 80 Leadsinger, Inc. v. BMG Music Pub., 512 F.3d 522, 532 (9th Cir. 2008) (quoting Foman v. Davis, 371 U.S. 178, 182 (1962)). 81 Brown v. Stored Value Cards, Inc., 953 F.3d 567 (2020) (citing Eminence Capital, LLC v. 27 Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003)). 82 Huffman v. Lindgren, 81 F.4th 1016, 1022 (9th Cir. 2023) (quoting Salameh v. Tarsadia 28 Hotel, 726 F.3d 1125 , 1133 (9th Cir. 2013)). 1 | were or could have be…
cited Cited as authority (rule) Anderson v. Ravalli County Sheriff
D. Mont. · 2024 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1020 (9th Cir. 2023).
discussed Cited as authority (rule) Corrales Jr. v. Dutschke
S.D. Cal. · 2024 · confidence medium
Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023). 25 3 Pin citations to page numbers in the Complaint refer to the CM/ECF page numbers stamped across the 26 top margin of the document. 27 4 “In deciding a Rule 12(b)(6) motion,” the Court may look “to the face of the complaint and the 28 documents attached thereto.” Yumul v. Smart Balance, Inc., 733 F. Supp. 2d 1134, 1137 (C.D.
discussed Cited as authority (rule) Steinmeyer v. American Association of Blood Banks (2×) also: Cited "see"
S.D. Cal. · 2024 · confidence medium
That liberal pleading standard, 8 however, does not apply to pro se “practicing attorneys.” Huffman v. Lindgren, 9 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited as authority (rule) Penny Quinteros v. Innogames
9th Cir. · 2024 · confidence medium
Factual allegations, however, must 1 While the Court construes pro se pleadings liberally, this grace “does not apply to practicing attorneys.” Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
cited Cited "see" Brent Jason v. Adobe, Inc. and Does 1-10
D. Or. · 2026 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited "see" Hall v. Burgum
D. Ariz. · 2025 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016 , 1021 (9th Cir. 2023) 16 (noting that, although “there is a good reason that [courts] afford leeway to pro se parties, 17 who appear without counsel and without the benefit of sophisticated representation,” this 18 “logic does not apply to practicing attorneys, nor should the grace extend to them”); 19 Johnson v. City of Atwater, 2017 WL 1383283 , at *4 (E.D.
cited Cited "see" Polk v. Director of the Dept. of Consumer and Business Services
D. Or. · 2025 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
discussed Cited "see" Harold Berk v. Rothman Institute Orthopedic Foundation
3rd Cir. · 2025 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016 , 1020–21 (9th Cir. 2023) (collecting cases and remarking that “[t]he circuits that have reached the issue speak with one voice: they have uniformly declined to extend the liberal pleading standard to pro se attorneys”).
cited Cited "see" Wilkins v. Herron
9th Cir. · 2024 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016, 1021-22 (9th Cir. 2023).4 AFFIRMED. 3 E.g., Falcone v. Dickstein, 92 F.4th 193 , 205-10 & n.10 (3d Cir. 2024) (collecting cases), cert. denied sub nom.
discussed Cited "see" Anicama v. Oracle America, Inc.
N.D. Cal. · 2024 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016 , 1020–1021 (9th Cir. 2023) 9 (“The circuits that have reached the issue speak with one voice: they have uniformly declined to 10 extend the liberal pleading standard to pro se attorneys. … There is a good reason that we afford 11 leeway to pro se parties, who appear without counsel and without the benefit of sophisticated 12 representation: Presumably unskilled in the law, the pro se litigant is far more prone to making 13 errors in pleading than the person who benefits from the representation of counsel.” (internal 14 quotation marks and citatio…
cited Cited "see" Pierce v. Gavigan
D. Haw. · 2024 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016, 1019 (9th Cir. 2023).
discussed Cited "see" Ewing v. Freedom Forever, LLC (2×)
S.D. Cal. · 2024 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023).
cited Cited "see" Weston v. Lefiti
S.D. Cal. · 2023 · signal: see · confidence high
See Huffman v. Lindgren, 81 F.4th 1016, 1020 (9th Cir. 2023). _9O_
discussed Cited "see, e.g." James McCall and Samia McCall, Administrators and Personal Representatives of the Estate of M.M. and Heirs, Individually and on Behalf of C.M. and S.M., Minors by and Through Their Guardians James McCall and Samia McCall v. Boise School District, the Idaho Department of Education, Ryan Gant, Pamela Dietz, Helga Frankenstein, Angela Kulm, Dave Wagers, John and/or Jane Doe(s) in Their Individual Capacities
D. Idaho · 2026 · signal: see also · confidence medium
Cir. 1998) (defining such a person as a “pro se attorney-litigant”); see also Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) (stating that attorneys who appear pro se do not get the benefit of the liberal pleading standards afforded to non-attorney pro se litigants.).
discussed Cited "see, e.g." Gareth Northway v. Denali Nanook Legal Services and Jeff Thompson; Gareth Northway v. State of Alaska; Gareth Northway v. State of Alaska
D. Alaska · 2026 · signal: see also · confidence low
See also Mullis v. U.S. Bankruptcy Court for the Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987) ("Court clerks have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process.”). 29 Huffman v. Lindgren, 81 F.4th 1016 (9th Cir. 2023) (affirming dismissal without leave to amend based on judicial immunity). 30 Kalina v. Fletcher, 522 U.S. 118 (1997) (quoting Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993)).
discussed Cited "see, e.g." Gareth Northway v. Denali Nanook Legal Services and Jeff Thompson; Gareth Northway v. State of Alaska; Gareth Northway v. State of Alaska
D. Alaska · 2026 · signal: see also · confidence low
See also Mullis v. U.S. Bankruptcy Court for the Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987) ("Court clerks have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process.”). 29 Huffman v. Lindgren, 81 F.4th 1016 (9th Cir. 2023) (affirming dismissal without leave to amend based on judicial immunity). 30 Kalina v. Fletcher, 522 U.S. 118 (1997) (quoting Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993)).
discussed Cited "see, e.g." Gareth Northway v. Denali Nanook Legal Services and Jeff Thompson; Gareth Northway v. State of Alaska; Gareth Northway v. State of Alaska
D. Alaska · 2026 · signal: see also · confidence low
See also Mullis v. U.S. Bankruptcy Court for the Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987) ("Court clerks have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process.”). 29 Huffman v. Lindgren, 81 F.4th 1016 (9th Cir. 2023) (affirming dismissal without leave to amend based on judicial immunity). 30 Kalina v. Fletcher, 522 U.S. 118 (1997) (quoting Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993)).
discussed Cited "see, e.g." McGarrett L. John v. Superior State Courts, et al.
D. Alaska · 2026 · signal: see also · confidence low
See also Mullis v. U.S. Bankruptcy Court for the Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987) ("Court clerks have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process.”). 29 Huffman v. Lindgren, 81 F.4th 1016 (9th Cir. 2023) (affirming dismissal without leave Case No. 4:25-cv-00052-SLG, John v. Superior State Courts 4th District, et al.
discussed Cited "see, e.g." Ruiz Miguel v. Superior State Courts Legal System in Fairbanks AK
D. Alaska · 2026 · signal: see also · confidence low
See also Mullis v. U.S. Bankruptcy Court for the Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987) ("Court clerks have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process.”). 26 Huffman v. Lindgren, 81 F.4th 1016 (9th Cir. 2023) (affirming dismissal without leave to amend based on judicial immunity).
cited Cited "see, e.g." Na'Im Anderson v. Baltimore County, Maryland
4th Cir. · 2025 · signal: see also · confidence low
See Smith v. Plati, 258 F.3d 1167, 1174 (10th Cir. 2001); see also Huffman v. Lindgren, 81 F.4th 1016 , 1020–21 (9th Cir. 2023) (collecting cases).
discussed Cited "see, e.g." SOLOMON v. BLINKEN
D. Me. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Huffman v. Lindgren, 81 F.4th 1016, 1021 (9th Cir. 2023) (explaining that the logic behind “afford[ing] leeway to pro se parties, who appear without counsel and without the benefit of sophisticated representation,” does not apply to practicing attorneys); Andrews v. Columbia Gas Transmission Corp., 544 F.3d 618, 633 (6th Cir. 2008) (finding district court did not abuse its discretion by denying special consideration to pro se practicing attorneys); Comm. on the Conduct of Att’ys v. Oliver, 510 F.3d 1219, 1223 (10th Cir. 2007) (declining to extend liberal construction to a lice…
Retrieving the full opinion text from the archive…
James Huffman
v.
Amy Lindgren
22-35471.
Court of Appeals for the Ninth Circuit.
Sep 1, 2023.
81 F.4th 1016
Cited by 48 opinions  |  Published
FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

JAMES DALE HUFFMAN, Esquire, No. 22-35471

Plaintiff-Appellant, D.C. No. 3:21-cv-
00343-AC
v.

AMY LINDGREN; SAMUEL OPINION
ERSKINE; CITY OF ST. HELENS,

Defendants-Appellees.

Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding

Submitted August 25, 2023 *
San Francisco, California

Filed September 1, 2023

Before: Michael Daly Hawkins, Sidney R. Thomas, and
M. Margaret McKeown, Circuit Judges.

Opinion by Judge McKeown

*
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

2 HUFFMAN V. LINDGREN

SUMMARY **

Pro Se Litigant Attorneys

The panel affirmed the district court’s dismissal with
prejudice of a complaint and held, in accordance with other
circuits, that pro se litigants who are also attorneys should not be afforded special consideration or be treated as proceeding without counsel under the Circuit Rules. James Huffman, a practicing attorney, sued a municipal court judge, a prosecutor, and the City of St. Helens, Oregon, in state court. After defendants removed the case to federal court, Huffman moved to remand to state court, claiming that, although his complaint referenced federal law, it was poorly drafted, and he did not intend to bring federal claims. The district court severed and remanded the state- only claims, and dismissed the retained claims with prejudice. On appeal, Huffman filed an informal pro se brief and argued that he should have been granted leave to amend his complaint to exclude any mention of a federal claim and to seek a remand to state court. The panel held that, although there is a good reason for awarding leeway to pro se parties who presumably are unskilled in the law and more prone to make pleading errors, that logic does not apply to practicing attorneys. Noting that Huffman neither moved to amend in the district court nor voluntarily moved to dismiss his case, the panel determined that his attempt to backtrack seemed aimed

**
This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

HUFFMAN V. LINDGREN 3

at robbing the government of its removal option and
ensuring another bite at the apple in state court. The panel
held that a sophisticated attorney like Huffman should not be allowed to jettison his own complaint when it is beneficial yet avoid the consequences of that renunciation. Addressing the merits, the panel held that because Hoffman facially alleged a violation of his federal rights, the district court had federal question jurisdiction. In view of the immunity of the government defendants, the complaint could not be saved by amendment and therefore the district court’s dismissal without leave to amend was proper.

COUNSEL

James D. Huffman, Scappoose, Oregon, pro se Plaintiff-
Appellant.
Aaron P. Hisel and Elizabeth A. Jones, Law Offices of
Montoya Hisel and Associates, Salem, Oregon, for
Defendants-Appellees.

4 HUFFMAN V. LINDGREN

OPINION

McKEOWN, Circuit Judge:

This appeal asks us to consider whether pro se litigants who are also attorneys should be afforded liberal pleading construction and treated as proceeding without counsel under Circuit Rules 28-1(c) and 30-1.3. James Huffman, a practicing attorney, sued a municipal court judge, a prosecutor, and the City of St. Helens, Oregon in Columbia County Circuit Court. Huffman contends that, via an oral motion, he disqualified Judge Lindgren from hearing his client’s case; he alleges that she ignored this disqualification, held him in contempt, and imprisoned him for six hours. The defendants, collectively “the government,” removed to federal court. Huffman moved to remand to state court, claiming that, although his complaint referenced federal law, he did not intend to bring federal claims. The district court dismissed his case with prejudice, and adopted the magistrate judge’s findings and recommendations, which noted that Huffman was afforded a liberal pleading standard. On appeal, resting on his perceived pro se status, Huffman argues that he should have been granted leave to amend his complaint to exclude any mention of a federal claim and seek a remand to state court. Joining our sister circuits, we take the opportunity to clarify that attorneys representing themselves should not be afforded special consideration and do not fall into the category of those “proceeding without assistance of counsel.” Circuit Rule 28-1(c). We affirm the district court’s dismissal with prejudice. BACKGROUND The strangeness of the facts in this case is matched only by the oddity of the jurisdictional posture. Huffman, an

HUFFMAN V. LINDGREN 5

attorney who has argued before our court on three occasions and appeared on multiple other occasions, 1 was representing a client in City of St. Helen’s Municipal Court when he concluded that the judge hearing his case would not give him a fair shake. He informed Judge Lindgren that he was orally disqualifying her. Huffman alleges that Judge Lindgren violated his state and federal constitutional rights by ignoring his oral dictum and holding him in contempt. Huffman also ropes in the prosecutor opposing him in that case, Sam Erskine, and the City of St. Helens, alleging Erskine made a “malicious statement” against him in the hearing and the City is responsible for the acts of the allegedly rogue judge. Pointing to Huffman’s references to federal constitutional rights and violations of equal protection and due process, the government removed the case to federal court. The district court severed and remanded the state-only claims, keeping jurisdiction over the apparent 42 U.S.C. § 1983 claim and the related state-law claims for the courtroom incident. Huffman v. Lindgren, No. 3:21-cv- 00343-AC, 2022 WL 1479514, at[*10] (D. Or. Apr. 18, 2022), findings and recommendation adopted, 2022 WL 1473732 (D. Or. May 9, 2022). The district court dismissed

1 See Holloway v. Clackamas River Water, 739 F. App’x 868 (9th Cir. 2018); Mitchell v. Clackamas River Water, 727 F. App’x 418 (9th Cir. 2018); Thornton v. City of St. Helens, 425 F.3d 1158 (9th Cir. 2005). Apart from this case, Huffman has appeared or been a party in this court on six total occasions—including facing a reciprocal discipline suspension, in which he was suspended from practice in the circuit concurrent with his suspension from the Oregon bar. See In re James Dale Huffman, No. 22-80025 (9th Cir. 2022) (disciplinary proceedings); see also In re Brandenfels, 692 F. App’x 461 (9th Cir. 2017); In re Holloway, No. 20-35888 (9th Cir. 2022) (withdrew as counsel before briefing).

6 HUFFMAN V. LINDGREN

the retained claims with prejudice. Huffman urges that the complaint was just poorly drafted; he never meant to include federal claims, so he asked for leave to amend so he can seek remand to state court. On appeal, Huffman took advantage of circuit rules that afford leeway to pro se litigants, filing an informal brief without excerpts of records and leaving the tasks of formal briefing and record excerpts to the government. See Circuit Rules 28-1(c); 30-1.3. ANALYSIS We begin by assuring ourselves of jurisdiction, as Huffman argues that he never intended to include a federal claim. Despite Huffman’s second thoughts about his own allegations, the complaint is unambiguous, stating that the imprisonment in county jail for six hours “was a violation of [his] state a [sic] federal constitutional rights” and the judge’s acts against him were “violation[s] of the plaintiffs [sic] right to due process and equal protection.” The district court correctly determined that the complaint raises a federal question and the “state claims arising from the January 2019 Hearings share a common nucleus of operative fact with his federal claims[,]” affording supplemental jurisdiction. Huffman, 2022 WL 1479514, at *5; see United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 725 (1966). Huffman’s argument that his complaint was poorly written is creative but unavailing. Huffman neither moved to amend in the district court nor voluntarily dismissed the case, and his attempt at backtracking now seems aimed at robbing the government of its removal option and ensuring another bite at the apple in state court. A sophisticated attorney like Huffman should not be allowed to jettison his own complaint when it is beneficial yet avoid the consequences of that renunciation. Because Huffman

HUFFMAN V. LINDGREN 7

facially alleged a violation of his federal rights, the district court had federal question jurisdiction under 28 U.S.C. § 1331 and we have jurisdiction under 28 U.S.C. § 1291. We next address the proper pleading standard for a pro se litigant who is also a licensed attorney, a question that has split several district courts in this circuit. The Central District of California has declined to afford pro se attorneys leniency. See Spadaro v. County of San Bernadino, No. 5:19-cv-01054-CJC (SHK), 2019 WL 8064075, at *3 (C.D. Cal. Dec. 16, 2019) (“With respect to the liberality with which the Court assesses a complaint for compliance with the technical requirements under the Federal Rules of Civil Procedure, a pro se litigant who is an attorney is not afforded the ‘special consideration which the courts customarily grant to pro se parties.’” (quoting Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 82 n.4 (2d Cir. 2001))), report and recommendation adopted, 2020 WL 917281 (C.D. Cal. Feb. 24, 2020). In contrast, courts in the District of Hawaii and the Southern District of California have chosen to liberally construe the filings of attorneys who appear pro se. See Rossmann v. Pompeo, No. 17-00539 DKW-KJM, 2017 WL 5163232, at *1 (D. Haw. Nov. 7, 2017); Osgood v. Main Streat Mktg., LLC, No. 16cv2415- GPC(BGS), 2017 WL 131829, at *3–4 (S.D. Cal. Jan. 13, 2017) (“Since the law is not settled in this circuit on whether a pro se plaintiff who attended law school and has past litigation experience is entitled to liberal construction of his or her pleadings, the Court will liberally construe Plaintiff Ewing’s pleadings.”). The findings and recommendations adopted by the district court acknowledged this divide and “continue[d] to construe Huffman’s complaint liberally and allow[ed] him leave to amend when possible.” Huffman, 2022 WL 1479514, at *4.

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The circuits that have reached the issue speak with one voice: they have uniformly declined to extend the liberal pleading standard to pro se attorneys. See Tracy v. Freshwater, 623 F.3d 90, 102 (2d Cir. 2010) (noting that “the degree of solicitude may be lessened where the particular pro se litigant is experienced in litigation” and “a lawyer representing himself ordinarily receives no such solicitude at all”); Andrews v. Columbia Gas Transmission Corp., 544 F.3d 618, 633 (6th Cir. 2008) (concluding that it was not an abuse of discretion to deny pro se practicing attorneys special consideration); Comm. on the Conduct of Att’ys v. Oliver, 510 F.3d 1219, 1223 (10th Cir. 2007) (declining to extend liberal construction to a licensed attorney); Godlove v. Bamberger, Foreman, Oswald, & Hahn, 903 F.2d 1145, 1148 (7th Cir. 1990) (“Ordinarily, we treat the efforts of pro se applicants gently, but a pro se lawyer is entitled to no special consideration.”). We join this chorus. There is a good reason that we afford leeway to pro se parties, who appear without counsel and without the benefit of sophisticated representation: “Presumably unskilled in the law, the pro se litigant is far more prone to making errors in pleading than the person who benefits from the representation of counsel.” Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000) (en banc) (citation omitted). That logic does not apply to practicing attorneys, nor should the grace extend to them. Turning to the merits, we construe Huffman’s pleadings without deference and conclude that his claims are deficient, and amendment would be futile. Huffman’s claims against the prosecutor and the City are cursory at best, and his appeal seems aimed entirely at Judge Lindgren. Huffman’s only mention of his claims against Erskine and the City of St. Helens is his note that “[t]here are a variety of bases to bring

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actions against the other defendants that were admittedly not clear enough in the complaint to withstand a motion to separately state the claims and make more definite and certain. Any pleading defects are clearly curable by amendment.” Huffman does not explain how he would amend to cure the defects against these defendants. As is, Huffman alleges that the prosecutor, Erskine, did not take appropriate steps to ensure that a pro tem judge was assigned, and he “made a false a [sic] malicious statement that the City of St. Helens had no provision for pro tem judges.” Huffman fails to state a claim against Erskine; even if there was a cause of action for interference or “malicious statement,” Erskine would be shielded by prosecutorial immunity. See Imbler v. Pachtman, 424 U.S. 409, 420–28 (1976). Huffman fares no better against the City of St. Helens. Huffman seems to allege that the City is liable for the judge’s alleged acts, but “a municipality cannot be held liable under § 1983 on a respondeat superior theory.” Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978). The state-law claims also fail because Huffman does not include sufficient facts to state a plausible claim. In addition, judicial and prosecutorial immunity are imputed to the City. See OR. REV. STAT. § 30.265(5). Because Huffman’s claims against Erskine and the City of St. Helens are deficient without any sign that he could amend to state a claim, we affirm dismissal of these claims without leave to amend. The bulk of Huffman’s appeal is targeted at Judge Lindgren, who held him in contempt, a function shielded by judicial immunity. See Crooks v. Maynard, 913 F.2d 699, 700 (9th Cir. 1990). Huffman claims that he orally disqualified Lindgren at the January 3 hearing. The government responds that Oregon law requires a subsequent written motion and affidavit to be filed by the next judicial

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day after oral notice. See OR. REV. STAT. § 14.270. This spat between the parties over whether Huffman complied with Oregon law does not implicate Judge Lindgren’s judicial immunity. 2 The district court correctly concluded that Judge Lindgren is immune. See Crooks, 913 F.2d at 700. In view of the immunity of the government defendants, where, as here, “it is clear that the complaint could not be saved by amendment,” then “dismissal without leave to amend is proper.” Salameh v. Tarsadia Hotel, 726 F.3d 1124, 1133 (9th Cir. 2013) (citation omitted) (cleaned up). We affirm the dismissal with prejudice of Huffman’s complaint. AFFIRMED.

2 The government has moved for judicial notice of Huffman’s motion for disqualification on January 11, arguing that this record shows that Huffman failed to properly disqualify Lindgren as of the January 3 or January 10 hearing. We deny the motion as unnecessary given our conclusion that amendment is futile.