SADOSKI v. MOSLEY

No. 04-15447.

435 F.3d 1076 (2006)

Jeanette Faye SADOSKI, on behalf of herself and as a representative of all other persons who have been illegally re-sentenced by Defendant Nevada District Judge Donald M. Mosley in violation of rights under the Fifth Amendment of the United States Constitution not to be twice placed in jeopardy for the same criminal offense, Plaintiff-Appellant, v. Donald M. MOSLEY, as an individual and also in his official capacity as District Court Judge of the Eighth Judicial District of the State of Nevada; Stewart L. Bell, as an individual and also in his official capacity as the District Attorney of Clark County, Nevada; David Roger, as an individual and also in his official capacity as the District Attorney of Clark County, Nevada; Jackie Crawford, as an individual and also in her official capacity as the Director of the Nevada Department of Corrections; Clark County, Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2006.


Attorney(s) appearing for the Case

Clark Garen, Law Offices of Clark Garen, Corona, CA, for the plaintiff-appellant.

Thom Gover, Senior Deputy Attorney General, Las Vegas, NV; Stephanie A. Barker, Chief Deputy District Attorney, Las Vegas, NV, for the defendants-appellees.

Before: NOONAN, RYMER, and GOULD, Circuit Judges.


GOULD, Circuit Judge:

Plaintiff-Appellant, Jeanette Faye Sadoski, appeals the district court's order dismissing her complaint for damages and injunctive relief under 42 U.S.C. § 1983. Sadoski alleges that Defendant-Appellee, Judge Donald M. Mosley, after sentencing Sadoski to a twelve-month term of incarceration for attempted theft, unlawfully resentenced her to a term of incarceration between twelve and thirty-two months, subjecting Sadoski to double jeopardy...

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