Radin v. Doctor Tun et al
Filing
98
Opinion & Order: Plaintiff's claims against Judge Pamela Chen and Magistrate Judge Vera Scanlon are dismissed with prejudice. The Clerk of the Court is directed to remove the dismissed defendants from the docket. So Ordered by Judge Allyne R. Ross on 6/30/2014. (c/m-chambers) (Lee, Tiffeny)
DF
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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LIDYA MARIA RADIN,
12-CV-1393 (ARR)
Plaintiff,
NOT FOR ELECTRONIC
OR PRINT PUBLICATION
-againstOPINION & ORDER
DOCTOR TUN; DOCTORS AND STAFF AT RIKER'S
ISLAND PRISON MENTAL HEALTH DEPARTMENT;
DAPHNE HERARD; JESIKA ASARO; ROSE CHAN;
MARIANNE CAPONE; LENA BLAU; BOB ARKOW;
HAROLD CHARLES; MARGARITA GORMUS;
MALANIE SPRITZ; LISA CHOLEFF; BRENDA R.
HARRIS; ALKESH NAVIN PATEL; RAUL CALICDAN; :
RUKHASANA RASHEED; ESSAM YOUSEF;
SHAHEENA AHMED; DR. MORALES; DR. GLICK; DR. :
GOME; DR. ROBERT LAMPSKE; PHD BRYAN
FALLON; M.D. RAYMOND CLOVIS; PHYSICIAN
ASSISTANT CHARLES; ELMHURST HOSPITAL, ITS
DOCTORS AND STAFF; PARTICIA GUZOWSKI
LCSW; DR. MICHELLE KANAL Y; DR. MICHAEL
MANASHEROV; J. LOWNEY, New York City
Department of Probations Officer; S. SELTZER,
Supervisor; OFFICER RUBINKOWSKI, Probations Officer:
at Riker's Island; VINCENT N. SCHIRALDI,
Commissioner of Probation, DANIEL CURROW;
ALBERT EINSTEIN COLLEGE OF MEDICINE OF
YESHIVA UNIVERSITY; M.D. JAMES DAVID
(JIMMY); MARTIN BOCKSTEIN; JUDGE ROBERT D.
PATTERSON, JR.; JUDGE GUIDO CALABRESI; JUDGE:
JANEARESTANI; U.S. MARSHAL JAMES HOWARD; :
U.S. MARSHAL IMMANUEL MISCHA WARTOFSKY; :
U.S. MARSHAL SHERI ROBINSON; JUDGE PAMELA :
CHEN; MAGISTRATE JUDGE VERA SCANLON; JOHN:
DOES 1-100,
Defendants.
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ROSS, United States District Judge:
Plaintiff, acting prose, filed her initial complaint in this action on March 15, 2012. DE
#1. Having amended her claim once in July 2012, DE #7, plaintiff again sought to amend her
complaint in early 2013, and her deadline to file her second amended complaint was extended
multiple times. Plaintiff finally filed her Second Amended Complaint on May 28, 2014, DE #83,
but shortly thereafter informed Judge Chen and Magistrate Judge Scanlon, who were both then
assigned to the case, that there were errors in the Second Amended Complaint. Plaintiff was
given leave to file her corrections, and her (Corrected) Seconded Amended Complaint, which
named a number of additional defendants was filed June 12, 2014. DE #91. Plaintiffs
(Corrected) Second Amended Complaint asserts claims against a litany of defendants for
violations of her civil rights pursuant to 42 U.S.C. ยงยง 1983, 1985, 1986, and 1988.
Claims against Judge Chen and Magistrate Judge Scanlon
In particular, plaintiffs (Corrected) Second Amended Complaint asserts claims against
Judge Pamela Chen and Magistrate Judge Vera Scanlon related to Judge Chen's April 29, 2014
denial of plaintiffs request for a protective order against an individual not named in the
complaint. DE #91, ,-i,-i 75-79. Plaintiff alleges that Judge Chen and Magistrate Judge Scanlon
"refused to meaningfully respond." Id., ,-i 79.
Plaintiffs claims against Judge Chen and Magistrate Judge Scanlon must be dismissed
because they are clearly barred by the doctrine of judicial immunity. "[D]istrict courts may
dismiss a frivolous case sua sponte even when the plaintiff has paid the required filing fee."
Hawkins-El v. AIG Fed. Sav. Bank, 334 F. App'x 394 (2d Cir. 2009) (summary order) (quoting
Fitzgerald v. First. E. 7th St. Tenants Corp., 221 F.3d 362, 364 (2d Cir. 2000)). In particular,
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claims may be dismissed sua sponte where the defendant is entitled to judicial immunity. See
Miller v. Cnty. ofNassau, 467 F. Supp. 2d 308, 312 (E.D.N.Y. 2006). It is well settled that
judges have absolute immunity for all acts taken in their judicial capacity, see Mireles v. Waco,
502 U.S. 9, 11-12 (1991), and their immunity is not overcome even by allegations of bad faith or
malice, Pierson v. Ray, 286 U.S. 547, 554 (1967). Because the actions alleged in the complaint
were taken within the scope of Judge Chen's and Magistrate Judge Scanlon'sjudicial
responsibilities and plaintiff has not alleged that they were acting outside the scope of their
jurisdiction, they are absolutely immune from plaintiffs claims.
Conclusion
For the foregoing reasons, plaintiffs claims against Judge Pamela Chen and Magistrate
Judge Vera Scanlon are dismissed with prejudice. The Clerk of the Court is directed to remove
the dismissed defendants from the docket.
SO ORDERED.
s/Allyne R. Ross
Allyne R.
United Stat
Dated:
June 30, 2014
Brooklyn, New York
3
SERVICE LIST
Lidya Maria Radin
716 Ocean Avenue, # 16
Brooklyn, NY 11226
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