Reid v. Somers
OPINION AND ORDER GRANTING 2 Application to Proceed Without Prepaying Fees or Costs filed by Clifton J. P. Reid, and ORDER DISMISSING Complaint pursuant to 28 USC 1915(e)(2)(iii) Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
CLIFTON JEROME POELLNITZ REID,
Case No. 16-cv-12393
OPINION AND ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND DISMISSING ACTION
Michigan resident Clifton Reid has filed a pro se civil rights complaint under 42
U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis under 28 U.S.C. §
1915(a)(1). Under 28 U.S.C. § 1915(e)(2)(B), courts must dismiss any portion of the
complaint that is (i) frivolous or malicious, (ii) fails to state a claim upon which relief may
be granted, or (iii) seeks monetary relief from a defendant who is immune from such
In his Complaint, Plaintiff claims that Defendant, while presiding over his trial in
the 19th District Court in Dearborn, Michigan, ruled against him, had armed officers
escort him to the prosecutor’s office, and thereby discriminated against him based on
his race. Defendant seeks $75,000.
The court finds that judicial immunity bars Plaintiff’s claims. Judges are
absolutely immune from civil rights suits when acting in a judicial capacity unless they
act in the clear absence of all jurisdiction. See Mireles v. Waco, 502 U.S. 9, 11–12
(1991). Whether an action is “judicial” depends on the “‘nature of the act itself, i.e.,
whether it is a function normally performed by a judge,’” and “‘the expectations of the
parties, i.e., whether they dealt with the judge in his judicial capacity.’” Id. at 13, quoting
Stump v. Sparkman, 435 U.S. 349, 362 (1978). A judge’s acts do not become nonjudicial simply because they are erroneous or “in excess of his authority.” If that were
the case, then “any mistake of a judge in excess of his authority would become a
‘nonjudicial’ act, because an improper or erroneous act cannot be said to be normally
performed by a judge.” Id. at 12. Ruling on motions and appeals and requesting escorts
for criminal defendants, are, without question, acts normally performed by a judge.
For the reasons stated above, IT IS ORDERED that Plaintiff’s application to
proceed in forma pauperis is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Complaint is DISMISSED pursuant to
28 U.S.C. § 1915(e)(2)(iii) because the defendant is immune from suit.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 19, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 19, 2016, by electronic and/or ordinary mail.
Case Manager and Deputy Clerk
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