Creamer v. Gildemeister et al
MEMORANDUM AND ORDER sustaining 97 Motion for Order.Pursuant to Rule 54(b),Fed. R. Civ. Pro., the Court directs the clerk to enter final judgment in favor of judge Braun. Plaintiff's claims against defendant Gildemeister remain pending. Signed by District Judge Kathryn H. Vratil on 9/25/2017. (ydm)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARJORIE A. CREAMER,
S. GILDEMEISTER, et al.,
MEMORANDUM AND ORDER
Plaintiff sued Glenn Braun, a State of Kansas district judge, who presided over her case under
the Kansas Care and Treatment Act for Mentally Ill Persons, K.S.A. § 59-2945 et seq., following her
arrest for a traffic violation. Upon his motion, the Court dismissed Judge Braun based on the RookerFeldman doctrine, absolute judicial immunity, failure to state a claim and the statutory prohibition on
injunctive relief against judicial officers in 42 U.S.C. § 1983. See Memorandum And Order Denying
Motion For Order (Doc. #35) filed November 6, 2015 (citing Rooker v. Fidelity Tr. Co., 263 U.S. 413,
415-17 (1923); Dist. Of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 483 (1983)). In the
order, the Court disposed of plaintiff’s claims against defendant and resolved all issues concerning Judge
Braun. Doc. #35 at 4-5; Complaint (Doc. #1) filed April 28, 2015; see Curtis-Wright Corp. v. Gen. Elec.
Co., 446 U.S. 1, 7 (1980).
On June 15, 2017, Judge Braun filed a Motion For Order For FRCP 54(b) Certification. (Doc.
#97). He moves the Court to enter final judgment in his favor because all claims against him have been
resolved. Plaintiff does not oppose this motion. This motion follows two orders that reflect the ultimate
disposition plaintiff’s claims against Judge Braun. Doc. #35 (dismissing claims against defendant);
Order Overruling Plaintiff’s Motion For Reconsideration (Doc. #38) filed December 1, 2015 (denying
plaintiff’s Rule 59 request to alter and amend Doc. #35). As such, the Court determines that Judge
Braun is entitled to final judgment.
Equitable concerns suggest that defendant is entitled to certification of finality. “Judicial
immunity is an immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco,
502 U.S. 9, 11 (1991) (citing Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)). This matter has been
pending for more than two years, since April 28, 2015. The record reflects no just reason to delay final
resolution of the claims against defendant, and it suggests no reason why certification would be
prejudicial to any remaining parties.
Accordingly, the Court finds no reason to delay final judgment as to this defendant until the
claim against his co-defendant has been resolved.
IT IS THEREFORE ORDERED that defendants’s Motion For Order For FRCP 54(b)
Certification (Doc. #97) filed June 15, 2017 is hereby SUSTAINED. Pursuant to Rule 54(b),
Fed. R. Civ. Pro., the Court directs the clerk to enter final judgment in favor of judge Braun.
Plaintiff’s claims against defendant Gildemeister remain pending.
IT IS SO ORDERED.
Dated this 25th day of September, 2017, at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge
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