Fuery v. Cherry et al

Filing 19

ORDER signed by District Judge Kimberly J. Mueller on 8/20/2018 DISMISSING defendants Judge John Winn, Judge Laurel White, Judge Michael Savage, Court Commissioner Phillip Stanger and Court Clerk Trevor Shaddox, because these defendants are protected by judicial and quasi-judicial immunity. The 6 Motion to Dismiss is GRANTED with prejudice and without leave to amend because amendment would be futile. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:18-CV-00982-KJM-CKD

JOHN J. FUERY,
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Plaintiff,
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ORDER

v.
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MARK CHERRY, et al.,
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Defendants.

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Among other defendants, plaintiff John Joseph Fuery sues Sacramento County

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Superior Court Judges John Winn, Laurel White and Michael Savage, Court Commissioner

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Phillip Stanger and Court Clerk Trevor Shaddox (“defendants”) for alleged due process violations

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under the Fifth and Fourteenth Amendments and for violations of the Americans with Disabilities

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Act (“ADA”) and 29 U.S.C. § 794 (“Rehabilitation Act”). Compl., ECF. No. 1; Compl. Exs. A-

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E1 (“Allegations”) at 1, ECF No. 1-1. Defendants move to dismiss with prejudice and without

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leave to amend. Mot., ECF No. 6-1. Fuery did not file an opposition, and defendants filed a

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reply noting as much. Reply, ECF No. 17. As explained below, defendants’ motion to dismiss is

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GRANTED with prejudice.

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I.

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BACKGROUND
In considering this motion, the court takes the following allegations as true.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). Fuery, a pro se litigant, sues
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defendants under 42 U.S.C. § 1983, which provides “[e]very person who, under color of any

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[state law] . . . subjects, or causes to be subjected” a U.S. citizen or person within U.S.

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jurisdiction “to the deprivation of any rights, privileges, or immunities secured by the

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Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or

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other proper proceeding for redress.” See Compl. at 3 (asserting violations of due process under

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the Fifth and Fourteenth Amendments as a § 1983 claim and violations under ADA); Allegations

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at 1, 3. Fuery alleges several constitutional and statutory violations in his complaint, filed March

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18, 2018, all of which stem from his work as a criminal defense attorney and from criminal legal

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actions taken against him.

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Defendant Judges Winn, White and Savage, Commissioner Stanger and Court

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Clerk Shaddox move to dismiss, arguing all claims are barred by judicial and quasi-judicial

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immunity because each defendant was working in their judicial capacities or as officers of the

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court in taking the actions plaintiff challenges in his complaint. Mot. at 2. Defendants also argue

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that Fuery fails to allege sufficient facts to support cognizable claims for the ADA and

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Rehabilitation Act violations because Fuery asserts discrimination in connection with his self-

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representation in criminal actions, not for his disabilities. Id. Defendants contend Fuery “cannot

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cure these defects” and request the court dismiss the complaint against these defendants with

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prejudice and without leave to amend. Id. Fuery did not file an opposition, and as noted

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defendants filed a reply observing plaintiff had not opposed their motion. Reply at 1.

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II.

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LEGAL STANDARDS
A party may move to dismiss a complaint against it for “failure to state a claim

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upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). The motion may be granted only if

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the movant can show the complaint lacks a “cognizable legal theory” or if its factual allegations

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do not support a cognizable legal theory. Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d

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1114, 1122 (9th Cir. 2013). Determining whether a complaint will survive a motion to dismiss is

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a “context-specific task that requires the reviewing court to draw on its judicial experience and

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common sense.” Iqbal, 556 U.S. at 679. The court must construe the complaint in a light most

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favorable to a plaintiff and accept as true its factual allegations. Erickson v. Pardus, 551 U.S. 89,
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93-94 (2007). Should a court grant a motion to dismiss, that court may allow the plaintiff leave to

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amend “when a viable case may be presented.” Lipton v. Pathogenesis Corp., 284 F.3d 1027,

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1039 (9th Cir. 2002). But leave to amend would be futile where no amendment could cure the

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deficiency presented. Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1058

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(9th Cir. 2011); see also Middleton v. Martingale Investments, LLC, 621 F. App’x 396, 397 (9th

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Cir. 2015) (finding that the district court properly denied leave to amend for futility because

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judicial immunity applied). Where the movant demonstrates by factual allegations in a complaint

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that a claim is legally barred by judicial and quasi-judicial immunity, a motion to dismiss may be

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granted without leave to amend. See Mullis v. U.S. Bankr. Court for Dist. of Nevada, 828 F.2d

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1385, 1387-88, 1395 (9th Cir. 1987); Sharma v. Stevas, 790 F.2d 1486, 1486 (9th Cir. 1986).

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III.

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ANALYSIS
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Judicial Immunity
Defendant Judges Winn, White and Savage are entitled to judicial immunity

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against any constitutional claims filed under 42 U.S.C. § 1983. “It is well settled that judges are

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generally immune from civil liability under [§ 1983].” Meek, 183 F.3d at 965 (citing Mireles v.

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Waco, 502 U.S. 9, 9-10 (1991) (per curiam)). The Supreme Court has explained this immunity by

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reasoning that “a judicial officer, in exercising the authority vested in him, shall be free to act

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upon his own convictions, without apprehension of personal consequences to himself.” Bradley

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v. Fisher, 80 U.S. 335, 347 (1871). A judge’s errors should be corrected on appeal, not by

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subsequent civil litigation because civil liability “would contribute not to principled and fearless

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decisionmaking but to intimidation.” Pierson v. Ray, 386 U.S. 547, 554 (1967); In re Thomas,

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508 F.3d 1225, 1227 (9th Cir. 2007) (per curiam). Indeed, judicial immunity is so firmly

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grounded in our jurisprudence that it cannot be defeated by procedural error or malicious, biased

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or controversial actions. Mireles, 502 U.S. at 11 (malicious action does not defeat judicial

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immunity); Stump v. Sparkman, 435 U.S. 349, 359, 363-64 (1978) (procedural error does not

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defeat judicial immunity); Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir. 1986) (en banc)

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(conspiracy and bribery do not defeat judicial immunity); Lopez v. Vanderwater, 620 F.2d 1229,

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1234 (7th Cir. 1980) (prejudice does not defeat judicial immunity). Nonetheless, there are two
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exceptions to judicial immunity: (1) allegations arising from “actions not taken in the judge’s

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judicial capacity,” and (2) judicial actions taken “in the complete absence of all jurisdiction.”

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Mireles, 502 U.S. at 11-12; In re Complaint of Judicial Misconduct, 366 F.3d 963, 965 (9th Cir.

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2004). A judge acting in “excess of his jurisdiction” still receives immunity “so long as the acts

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themselves were judicial.” Rosenthal v. Justices of the Supreme Ct. of Cal., 910 F.2d 561, 565-66

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(9th Cir. 1990) (citing Stump, 435 U.S. at 355-57, and Bradley, 80 U.S. at 351). Judicial

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immunity is extended to most statutory violation claims brought against judges, including those

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based on the ADA and Rehabilitation Act. See, e.g., Phiffer v. Oregon, 586 F. App’x 425 (9th

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Cir. 2014); Duvall v. Cty. of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001), as amended on denial

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of reh’g (Oct. 11, 2001).

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As indicated by Fuery’s complaint, all judges named as defendants operated within

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their judicial capacities and with jurisdiction when performing alleged acts. Rosenthal, 910 F.2d

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at 565-66; Allegations at 3-5; Mot. at 2. Fuery’s allegations against Judge Winn stem from two

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misdemeanor cases against Fuery adjudicated by Judge Winn. Allegations at 3. Allegations

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against Judge White arise from her judicial role in a criminal case against another party, in which

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Fuery attempted to become a substitute attorney. Id. at 4, 10. Fuery alleges Judge Savage

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violated Fuery’s constitutional rights during adjudication of a criminal case in which Fuery was

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scheduled as a prosecution witness. Id. at 5, 11. Fuery’s complaint confirms the alleged

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violations occurred when these judges were performing their core judicial duties while exercising

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the jurisdiction attendant their offices. Defendants Judges Winn, White and Savage are protected

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by absolute immunity in the face of all of plaintiff’s claims.

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B.

Quasi-Judicial Immunity
Quasi-judicial immunity applies to the defendants here who are not judges, namely

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Commissioner Stanger and Court Clerk Shaddox. “Judicial immunity is not limited to judges. It

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extends to other government officials who play an integral part in the implementation of the

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judicial function. Such officials enjoy derivative immunity (quasi-judicial immunity) which can

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be absolute if their conduct relates to a core judicial function.” Antoine v. Byers & Anderson,

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Inc., 950 F.2d 1471, 1474 (9th Cir. 1991), rev’d on other grounds, 508 U.S. 429 (1993); see also
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Burton v. Infinity Capital Mgmt., 862 F.3d 740, 748 (9th Cir. 2017); Curry v. Castillo (In re

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Castillo), 297 F.3d 940, 948-49 (9th Cir. 2002). Courts afford quasi-judicial immunity to court

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clerks and commissioners acting in their professional capacity because both “‘exercise

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discretionary judgment’ as a part of their function” similarly to a judge, supporting the “long-

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settled understanding that the independent and impartial exercise of judgment vital to the

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judiciary might be impaired by exposure to potential damages liability.” Antoine v. Byers &

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Anderson, Inc., 508 U.S. 429, 435 (1993) (citations omitted); see also Antoine, 950 F.2d at 1474-

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75 (citation omitted). Fuery’s allegations against Stanger originate from one of Fuery’s

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misdemeanor cases, which Stanger adjudicated. Allegations at 3, 27. Allegations against

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Shaddox arise from two of Fuery’s misdemeanor cases in which Shaddox performed his duties as

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the court clerk. Allegations at 4, 11, 23. Stanger and Shaddox acted in their capacity as officers

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of the court and exercised discretion within those capacities as part of the core judicial function of

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adjudication; Fuery’s complaint itself confirms this. Allegations at 3-4, 11, 23, 27. Stanger and

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Shaddox therefore are shielded by absolute immunity from all plaintiff’s claims.

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Defendants further argue that Fuery’s complaint “fails to allege” sufficient facts

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showing alleged discrimination arose from his disabilities. Mot. at 9-10. The court need not and

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does not reach this argument.

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IV.

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CONCLUSION
Fuery’s complaint against defendants Judge John Winn, Judge Laurel White,

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Judge Michael Savage, Court Commissioner Phillip Stanger and Court Clerk Trevor Shaddox is

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DISMISSED because these defendants are protected by judicial and quasi-judicial immunity.

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The motion to dismiss is GRANTED with prejudice and without leave to amend because

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amendment would be futile. Middleton, 621 F. App’x at 397; Cafasso, 637 F.3d at 1058;

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Ashelman, 793 F.2d at 1075.

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This resolves ECF No. 6.

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IT IS SO ORDERED.

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DATED: August 20, 2018.

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UNITED STATES DISTRICT JUDGE