ZHOU v. BOASBERG

Filing 4

MEMORANDUM AND OPINION. Signed by Judge Robert L. Wilkins on 5/1/2012. (tcb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
QINGSHENG ZHOU,
Plaintiff,
v.
Civil Action No.12-cv-0637 (RLW)
JAMES E. BOASBERG,
Defendant.
MEMORANDUM OPINION
This matter comes before the Court on review of the plaintiff’s pro se civil Complaint. 1
Plaintiff alleges that he filed a previous complaint in the U.S. District Court for the District of
Columbia that was assigned to Judge Boasberg, and that Judge Boasberg subsequently
dismissed Plaintiff’s complaint in that case. Plaintiff now claims that upon receipt of Judge
Boasberg’s letter—presumably Judge Boasberg’s Memorandum Opinion dismissing the case—
he was “hurt.” (Compl. at 1). Plaintiff further alleges that Judge Boasberg’s dismissal order
violated Section 1983 of the Civil Rights Act of 1871. Id. Plaintiff seeks as relief “three
hundred millions.” Id.
“Judges enjoy absolute judicial immunity from suits for money damages for all actions
taken in the judge’s judicial capacity, unless these actions are taken in the complete absence of
all jurisdiction.” Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993). In addition, “[a]
judge will not be deprived of immunity because the action he took was in error, was done
maliciously, or was in excess of his authority.” Stump v. Sparkman, 435 U.S. 349, 356-57
1

The Court acknowledges that complaints filed by pro se litigants are held to less stringent
standards than those applied to formal pleadings drafted by lawyers. See Haines v. Kerner, 404
U.S. 519, 520 (1972).

(1978).
Plaintiff seeks damages from Judge Boasberg for dismissing, sua sponte, a prior case.
(Compl. at 1). While it appears that Plaintiff seeks a judgment against Judge Boasberg in his
individual capacity, he has not identified any action taken by Judge Boasberg outside of his
judicial capacity. Because Judge Boasberg acted solely within his capacity as a federal judge
and is therefore entitled to absolute immunity, Plaintiff’s claim is barred on judicial immunity
grounds. See e.g., Clark v. Taylor, 627 F.2d 284, 287 (D.C. Cir. 1980) (per curiam) (common
law immunity of judges applies in suits under 42 U.S.C. § 1983 alleging constitutional rights);
Moore v. Motz, 437 F. Supp. 2d 88, 91 (D.D.C. 2006) (absolute judicial immunity bars pro se
plaintiff’s claims against federal judges stemming from acts taken in their judicial capacities).
Plaintiff’s Complaint thus fails to state a claim upon which relief may be granted and will be
dismissed with prejudice pursuant to Rule 12(b)(6). See Fed. R. Civ. P. 12(b)(6); Baker v.
U.S. Parole Comm'n, 916 F.2d 725, 727 (D.C. Cir. 1990). The Court notes that the proper
mechanism to achieve the relief that the Plaintiff seeks is an appeal of Judge Boasberg’s order
of dismissal, not a lawsuit against Judge Boasberg in his personal capacity. A separate Order
of dismissal accompanies this Memorandum Opinion.

Digitally signed by Judge Robert L.
Wilkins
DN: cn=Judge Robert L. Wilkins,
o=U.S. District Court, ou=Chambers
of Honorable Robert L. Wilkins,
email=[e-mail], c=US
Date: 2012.05.01 08:17:55 -04'00'

SO ORDERED.
May 1, 2012

__________________________
Robert L. Wilkins
United States District Judge

2