Those precise questions have not been decided in the Supreme Court or in the Fourth Circuit. In Doe v. Klein, 599 F.2d 338 (9th Cir. 1979), plaintiff had applied for AFDC benefits provided by the State of Idaho. Plaintiff had so done when she was 16, unmarried, pregnant and living at home with her parents. Her parents were seemingly ineligible for AFDC benefits as to their daughter.
It is not sufficient to obtain jurisdiction under 28 U.S.C. § 1343(a)(3), to merely assert a constitutional violation. Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979). Federal jurisdiction requires that a party assert a substantial federal claim.
If Jones has been otherwise injured, the state court where he originally filed a lawsuit in this matter is the appropriate forum. Cf. Doe v. Klein, 599 F.2d 338, 341 (9th Cir. 1979) (federal jurisdiction fails where "alleged constitutional claims are asserted in order to obtain jurisdiction over [plaintiff's] statutory claim"). The 1983 claim set forth in the proposed second amended complaint essentially realleges almost all of the allegations from the state law causes of action.
It is unclear whether jurisdiction was properly invoked under 28 U.S.C. § 1343. See Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 99 S.Ct. 1905, 60 L.Ed.2d 508 (1979); Doe v. Klein, 599 F.2d 338 (9th Cir. 1979). Nevertheless, the amount in controversy exceeds $10,000 and so the district court did clearly have federal question jurisdiction ( 28 U.S.C. § 1331).
” Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979).
“Merely [asserting] a constitutional claim” under section 1343(a)(3) “is not sufficient to obtain jurisdiction.” Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979).
“Merely [asserting] a constitutional claim” under section 1343(a)(3) “is not sufficient to obtain jurisdiction.” Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979). The Supreme Court “has repeatedly held that the federal courts are without power to entertain claims otherwise within their jurisdiction if they are so attenuated and unsubstantial as to be absolutely devoid of merit; wholly unsubstantiated; obviously frivolous; plainly unsubstantial; or no longer open to discussion.”
“Merely [asserting] a constitutional claim” under section 1343(a)(3) “is not sufficient to obtain jurisdiction.” Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979).
” Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979). Federal jurisdiction requires that a party assert a substantial federal claim.
In reviewing a statute subject to the standards set forth in Salfi, "unless a classification is `patently arbitrary' or `utterly lacking in rational justification', there is no due process violation." Doe v. Klein, 599 F.2d 338, 340 (9th Cir. 1979). The Supreme Court since Salfi has reemphasized the distinction between statutes regulating fundamental rights, for which irrebuttable presumptions may be deemed violative of due process, and statutes regulating economic matters, for which statutory irrebuttable presumptions are to be judged under a "rational justification" standard of review.