Lewis v. Hellerstein et al

Filing 7

MEMORANDUM AND ORDER: Plaintiff's 5 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. Accordingly, all claims against Judge Hellerstein are dismissed. No summons shall issue as to Judge Hellerst ein, and the Clerk of Court is directed to amend the caption to reflect his dismissal from this case. Plaintiff's claims shall proceed against U.S. Marshals John Doe 1, John Doe 2, and John Doe 3. The Court requests the U.S. Attorney's O ffice for the Eastern District of New York to ascertain the full names and service addresses of the John Doe defendants involved in the 7/10/2014 incident discussed herein, which allegedly occurred around 8:30 a.m. The U.S. Attorney's Office is hereby requested to produce the information specified above regarding the identities and service addresses of the John Doe defendants within 21 days from the entry of this Order. Once this information is provided, plaintiff's complaint s hall be deemed amended to reflect the full names of the defendants, summonses shall be issued, and the Court shall direct service on the defendants. The Clerk of Court shall send a copy of this order and the complaint to the U.S. Attorney's O ffice for the Eastern District of New York and to plaintiff. No summons shall issue at this time. The matter is referred to Magistrate Judge Steven M. Gold for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3 ) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Allyne R. Ross, on 8/13/2014. C/mailed to pro se Plaintiff. Electronic Service upon the U.S. Attorney's Office, regarding this Order and Plaintiff's Complaint. (Party: U.S. District Judge Alvin K. Hellerstein terminated.) (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

NOT FOR PUBLIQMl~ll>KLYN OF~t:

-------------------------------------------------------------x
REGINA LEWIS,
Plaintiff,

MEMORANDUM AND ORDER
14-CV-4533 (ARR) (SMG)

-againstALVIN K. HELLERSTEIN (U.S. District Judge);
JOHN DOE (U.S. Marshal); JOHN DOE (U.S.
Marshal); JOHN DOE (U.S. Marshal),
Defendants.

--------------------------------------------------------------x
ROSS, United States District Judge.
Plaintiff Regina Lewis, currently incarcerated at the Metropolitan Detention Center
("MDC") in Brooklyn, New York, brings this pro se civil rights action seeking monetary damages.
The court construes plaintiffs complaint as brought under Bivens v. Six Unknown Named Agents
of the Federal Bureau ofNarcotics, 403 U.S. 388 (1971). 1 Plaintiffs request to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915 is granted. For the reasons discussed below, plaintiffs
claims against Judge Hellerstein are dismissed. Plaintiffs remaining claims against U.S.
Marshals John Doe 1, John Doe 2, and John Doe 3 may proceed.

1

In Bivens. the Supreme Court recognized an implied private cause of action for damages against federal
officers who violate a citizen's constitutional rights. Bivens actions, although not completely parallel, are the federal
analog to 42 U.S.C. § 1983 actions against state actors. Hartman v. Moore, 547 U.S. 250, 255 n.2 (2006) (noting
that "a Bivens action is the federal analog to suits brought against state officials" under§ 1983); ~Tavarez v.
Reno, 54 F.3d 109, 110 (2d Cir. 1995) ("[F]ederal courts have typically incorporated§ 1983 law into Bivens
actions.").

1

STANDARD OF REVIEW
Pro se complaints are held to less stringent standards than pleadings drafted by attorneys,
and the Court is required to read the plaintiffs pro se complaint liberally and interpret it as raising
the strongest arguments it suggests. Erickson v. Pardus, 551 U.S. 89, 94 (2007); Hughes v. Rowe,
449 U.S. 5, 9 (1980); Sealed Plaintiffv. Sealed Defendant #1, 537 F.3d 185, 191-93 (2d Cir.
2008). Moreover, at the pleadings stage of the proceeding, the Court must assume the truth of "all
well-pleaded, nonconclusory factual allegations" in the complaint. Kiobel v. Royal Dutch
Petroleum Co., 621F.3d111, 124 (2d Cir. 2010) (citing Ashcroft v. Iqbal. 556 U.S. 662, 678-79
(2009)). A complaint must plead sufficient facts to "state a claim to relief that is plausible on its
face." Bell Atl. Cor_p. v. Twombly, 550 U.S. 544, 570 (2007).
However, under 28 U.S.C. § 1915A, a district court "shall review, before docketing, if
feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity or officer or employee of a
governmental entity." 28 U.S.C. § 1915A. Upon review, a district court shall dismiss a prisoner's
complaint sua sponte if the complaint "is frivolous, malicious, or fails to state a claim upon which
relief may be granted" or "seeks monetary relief from a defendant who is immune from such
relief." Id.; see Liner v. Goord, 196 F.3d 132, 134 & n.1 (2d Cir. 1999) (noting that under the
Prison Litigation Reform Act, sua sponte dismissal of frivolous prisoner complaints is not only
permitted but mandatory); Tapia-Ortiz v. Winter, 185 F.3d 8, 11 (2d Cir. 1999).

DISCUSSION
Plaintiff, who has a pending criminal action in the United States District Court for the
Southern District of New York, see United States v. Lewis, No. 12 Cr. 655 (S.D.N.Y.), brings
claims related to that criminal action against Judge Alvin K. Hellerstein, who formerly presided
2

over her case. Plaintiff also states that on July 10, 2014, United States Marshals "used excessive
force to produce me in court at 500 Pearl Street before Judge Hellerstein. I was belly chained, feet
shackled and handcuffed and painfully dragged and carried briefly to a wheelchair. The same
procedure was followed as I was thrown in a van." Compl., Dkt. #1, at ECF 1. Plaintiff seeks
money damages. Id. at ECF 7.
Judges have absolute immunity for their judicial acts performed intheir judicial capacities.
Mireles v. Waco, 502 U.S. 9, 11 (1991); Stump v. Sparkman, 435 U.S. 349, 356 (1978); Dupree
v. Bivona, No. 07-4599-cv, 2009 WL 82717, at *1-*2 (2d Cir. Jan. 14, 2009). This absolute
"judicial immunity is not overcome by allegations of bad faith or malice," nor can a judge "be
deprived of immunity because the action he took was in error ... or was in excess of his
authority." Mireles, 502 U.S. at 11, 13 (internal quotation marks omitted); accord Horton v. City
ofN.Y., No. 14-CV-4279 (KAM), 2014 WL 3644711, at *1 (E.D.N.Y. July 22, 2014); Edo v.
Queens Cnty. Criminal Court, No. 13-CV-7089(JBW), 2013 WL 6732811, at *1 (E.D.N.Y. Dec.
19, 2013); Gamez v. U.S. Dist. Court Eastern and Southern Dist. of -Tyranny, No. 11-CV-4068
(KAM), 2011WL3949807, at *1 (E.D.N.Y. Sept. 6, 2011). Thus, all claims against Judge
Hellerstein are dismissed based on judicial immunity. See Montero v. Travis, 171 F.3d 757, 760
(2d Cir. 1999) ("A complaint will be dismissed as frivolous when it is clear that the defendants
are immune from suit.") (internal quotation marks omitted).
CONCLUSION

Accordingly, all claims against Judge Hellerstein are dismissed. 28 U.S.C. §§ 1915A, 28
U.S.C. § 1915(e)(2)(B). No summons shall issue as to Judge Hellerstein, and the Clerk of Court
is directed to amend the caption to reflect his dismissal from this case.
3

.

Plaintiffs claims shall proceed against U.S. Marshals John Doe 1, John Doe 2, and John
Doe 3. The Court requests the U.S. Attorney's Office for the Eastern District of New York to
ascertain the full names and service addresses of the John Doe defendants involved in the July 10,
2014 incident discussed herein, which allegedly occurred around 8:30 a.m. Valentin v. Dinkins,
121 F.3d 72 (2d. Cir. 1997) (per curiam). The U.S. Attorney's Office need not undertake to
defend or indemnify these individuals at this juncture. This order merely provides a means by
which plaintiff may name and properly serve the defendants. The U.S. Attorney's Office is
hereby requested to produce the information specified above regarding the identities and service
addresses of the John Doe defendants within twenty-one (21) days from the entry of this Order.
Once this information is provided, plaintiffs complaint shall be deemed amended to reflect the
full names of the defendants, summonses shall be issued, and the Court shall direct service on the
defendants.
The Clerk of Court shall send a copy of this order and the complaint to the U.S. Attorney's
Office for the Eastern District of New York and to plaintiff. No summons shall issue at this time.
The matter is referred to Magistrate Judge Steven M. Gold for pretrial supervision. The Court
certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and
therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v.

U~tes,

,,,,....-·

269 U.S. 438, 444-45 (1962).
SO ORDERED.

/S/ Judge Allyne R. Ross
OSS
-ALLYNER~
United

Dated: Brooklyn, New York
August 13, 2014

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State~Court

SERVICE LIST
Plaintiff
Regina Lewis
67206-054
Metropolitan Detention Center
PO Box 329002
Brooklyn, NY 11232

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