Stevens et al v. Animal Control Officer et al

Filing 117

ORDER by Judge Ronald A. White granting defendants' motion to dismiss ( 71 Motion to Dismiss Case for Failure to State a Claim) and dismissing party defendants Christi Kennedy and Jack Skeen, Jr. (lal, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA GAYLORD STEVENS, Plaintiff, v. Case No. CIV-16-531-RAW MUSKOGEE, OKLAHOMA ANIMAL CONTROL, et al., Defendants. ORDER Before the court is the motion of defendants Christi Kennedy and Jack Sheen, Jr. to dismiss. Plaintiff, appearing pro se, alleges multiple claims pursuant to 42 U.S.C. §1983 against multiple defendants. Plaintiff was convicted in Texas state court for possession of child pornography, and those convictions were recently affirmed. Stevens v. State, 2017 WL 411382 (Tex.App. - Tyler 2017). Initially, plaintiff was arrested for cruelty to animals, and six horses that were determined to be in poor condition were moved “to another location for treatment.” Id. at *1. The movants are state-court judges in Texas. The complaint alleges in Claim TwentyEight that Skeen unconstitutionally issued a search warrant as to plaintiff. The same allegation is made in Claim Thirty-Six as to a second search warrant issued by Kennedy. Movants seek dismissal based on judicial immunity. “Judges are generally immune from suits for money damages.” Pledger v. Russell, 2017 WL 3046004, *2 (10 th Cir.2017). That immunity can be overcome for only two types of actions: (1) actions not taken in the judge’s judicial capacity and (2) actions, though judicial in nature, taken in the complete absence of all jurisdiction. Id. Clearly, neither exception applies here. The motion is granted. It is the order of the court that the motion to dismiss (#71) is hereby granted. Christi Kennedy and Jack Skeen, Jr. are dismissed as party defendants. IT IS SO ORDERED this 18th day of AUGUST, 2017. _________________________________ RONALD A. WHITE UNITED STATES DISTRICT JUDGE 2

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