White v. The City of Savannah

Filing 6

REPORT AND RECOMMENDATIONS that case be Dismissed With Prejudice re 1 Complaint filed by Christopher David White Objections to R&R due by 5/27/2009. Signed by Magistrate Judge G. R. Smith on 5/13/2009. (mah)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

CHRISTOPHER DAVID WHITE, Plaintiff, v. JUDGE MICHAEL KARPF, and THE CITY OF SAVANNAH, Defendants.

Case No. CV409-059

REPORT AND RECOMMENDATION Inmate/plaintiff Christopher David White brings this 42 U.S.C. § 1983 action against a state court judge and the City of Savannah, Georgia. Doc. 1. Seeking money damages for "false imprisonment," id. at 6, he alleges that the judge illegally added a charge to his probation violation in a State Court criminal case against him. Id. at 5. White thus wound up serving nine months more time than legally permitted. Id. He evidently names the City as a co-defendant because he believes it is the judge's employer (but it is not, as Karpf is a state court judge).

The Court concludes that this case must be dismissed under 28 U.S.C. § 1915(e)(2)(B) prior to service of process. 1 Judge Karpf is absolutely immune from suit2 and, even if the City was his employer, no respondeat superior liability exists in § 1983 cases. See Snow ex rel.
Snow v. City of Citronelle,

420 F.3d 1262, 1270 (11th Cir. 2005) ("A

municipality may not be held liable under section 1983 on a theory of respondeat superior."). Nor has White alleged the requisite custom, policy, or practice needed to support liability upstream to any governmental employer: "It is only when the execution of the government's policy or custom ... inflicts the injury' that the municipality may be held liable under [section] 1983." Id. at 1271 (quotes and cites omitted).
Previously, this Court granted White (a jail detainee) leave to proceed in forma pauperis, Doc. 3. Hence, the Court must now screen his complaint under 28 U.S.C. § 1915(e)(2)(B) (i)-(iii) (requiring courts to dismiss a prisoner's civil action prior to service of process if the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from a defendant who is immune from such relief). "The law is well established that a state judge is absolutely immune from civil liability for acts taken pursuant to his judicial authority. Forrester v. White, 484 U.S. 219, 227-229 (1988); Paisey v. Vitale in and for Broward County, 807 F.2d 889 (11th Cir.1986); Stump v. Sparkman, 435 U.S. 349 (1978). Moreover, this immunity applies even when the judicial acts are done maliciously or corruptly. Id. at 356; Harris v. Deveaux, 780 F.2d 911, 914 (11th Cir.1986)." Bedwell v. Hand, 2009 WL 1151862 at * 1 (M.D.Ala. Apr. 29, 2009) (unpublished).
OJ

1

2

Accordingly, Christopher David White's complaint should be DISMISSED WITH PREJUDICE, and this case should constitute a second 28 U.S.C. § 1915(g) "strike." See White v. Karpf, CV408-217 (S.D.Ga. dismissal judgment entered May 6, 2009) (constituting White's first strike). SO REPORTED AND RECOMMENDED this 13th day of May, 2009. Is! G.R. SMITH
UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

3