James V. Selna
Encyclopedia
James V. Selna is a United States federal judge
.
Born in San Jose, California
, Selna received an A.B.
from Stanford University
in 1967 and a J.D.
from Stanford Law School
in 1970. He was a Captain, U.S. Army Reserve from 1967 to 1978. He was in private practice in California
from 1970 to 1998. He was a judge on the Superior Court, Orange County, California from 1998 to 2003.
Selna is currently serving as a federal judge on the United States District Court for the Central District of California
at the Santa Ana
courthouse. Selna was nominated by President George W. Bush
on January 29, 2003, to a seat vacated by J. Spencer Letts. He was confirmed by the United States Senate
on March 27, 2003, and received his commission the same day.
He was selected on April 9, 2010 to manage the consolidated multidistrict litigation
arising from the 2009–2010 Toyota vehicle recalls
.
when the teacher made a number of statements in class that the student interpreted as disparaging religion. On May 1, 2009, Judge Selna granted, in part, the now former student's motion for summary judgment, ruling that one statement of the many cited by the student, a comment that creationism
was "superstitious nonsense," did violate the Establishment Clause.
In subsequent proceedings, however, Judge Selna determined that the teacher was protected by qualified immunity
and, on September 24, 2009, entered judgment denying the student declaratory, injunctive or monetary relief, and inviting the defendants to apply for recovery of their attorney fees and costs. On August 19, 2011, the Ninth Circuit Court of Appeal affirmed the District Court's finding of qualified immunity, but, because it found the immunity issue to be dispositive, vacated that portion of the judgment that dealt with the constitutionality of the teacher's comments.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
.
Born in San Jose, California
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...
, Selna received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
in 1967 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
in 1970. He was a Captain, U.S. Army Reserve from 1967 to 1978. He was in private practice in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
from 1970 to 1998. He was a judge on the Superior Court, Orange County, California from 1998 to 2003.
Selna is currently serving as a federal judge on the United States District Court for the Central District of California
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
at the Santa Ana
Santa Ana, California
Santa Ana is the county seat and second most populous city in Orange County, California, and with a population of 324,528 at the 2010 census, Santa Ana is the 57th-most populous city in the United States....
courthouse. Selna was nominated by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on January 29, 2003, to a seat vacated by J. Spencer Letts. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 27, 2003, and received his commission the same day.
He was selected on April 9, 2010 to manage the consolidated multidistrict litigation
Multidistrict litigation
In the United States, multidistrict litigation refers to a special federal legal procedure designed to speed the process of handling complex cases such as air disaster litigation or complex product liability suits....
arising from the 2009–2010 Toyota vehicle recalls
2009–2010 Toyota vehicle recalls
Three separate but related recalls of automobiles by Toyota Motor Corporation occurred at the end of 2009 and start of 2010. Toyota initiated the recalls, the first two with the assistance of the U.S. National Highway Traffic Safety Administration , after reports that several vehicles experienced...
.
Controversy
In 2007, Judge Selna was assigned the case of C. F. v. Capistrano Unified School District et al., in which Chad Farnan, a high school student, alleged, through his parents, that his teacher in an advanced placement European history class, violated the Establishment Clause of the First Amendment to the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
when the teacher made a number of statements in class that the student interpreted as disparaging religion. On May 1, 2009, Judge Selna granted, in part, the now former student's motion for summary judgment, ruling that one statement of the many cited by the student, a comment that creationism
Creationism
Creationism is the religious beliefthat humanity, life, the Earth, and the universe are the creation of a supernatural being, most often referring to the Abrahamic god. As science developed from the 18th century onwards, various views developed which aimed to reconcile science with the Genesis...
was "superstitious nonsense," did violate the Establishment Clause.
In subsequent proceedings, however, Judge Selna determined that the teacher was protected by qualified immunity
Qualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 . Qualified immunity shields government officials from liability for the...
and, on September 24, 2009, entered judgment denying the student declaratory, injunctive or monetary relief, and inviting the defendants to apply for recovery of their attorney fees and costs. On August 19, 2011, the Ninth Circuit Court of Appeal affirmed the District Court's finding of qualified immunity, but, because it found the immunity issue to be dispositive, vacated that portion of the judgment that dealt with the constitutionality of the teacher's comments.