Summary
This Memorandum Opinion and Order addresses a pro se prisoner’s civil rights complaint filed under 42 U.S.C. § 1983 against several state court judges, a circuit court clerk, and Loudoun County, Virginia. After conducting a mandatory screening under 28 U.S.C. § 1915A, the court found the complaint failed to state a claim upon which relief could be granted. The court dismissed the claims against the judges with prejudice based on absolute judicial immunity, dismissed the clerk without prejudice, and granted the plaintiff leave to amend his claims against the county within thirty days.
Topics
Practice areas
Questions Presented
- Whether the plaintiff's complaint states a claim under 42 U.S.C. §1983 sufficient to survive dismissal under 28 U.S.C. §1915A(b)(1).
- Whether the named judges and clerk are immune from suit under the doctrine of judicial immunity.
Holdings
- The complaint is dismissed for failure to state a claim because it does not allege facts sufficient to state a plausible 1983 claim.
- Judges are absolutely immune from damages for judicial acts, and the clerk is protected by derivative judicial immunity; both are dismissed with prejudice.
Key quotations
“it is hereby ORDERED that the complaint be and is DISMISSED WITHOUT PREJUDICE, to allow Plaintiff to file an amended complaint in compliance with the requirements of this order” (at 1)
“Judges are absolutely immune for suits for damages arising out of their judicial acts and clerks are accorded derivative judicial absolute immunity when they act in obedience to a judicial order.” (at 5)
Factual background
Lawrence Charles, a prisoner, alleged that seven state court judges, a circuit court clerk, and Loudoun County conspired to retaliate against him for filing complaints, interfered with his federal lawsuits, and engaged in improper judicial conduct. He filed the suit pro se without specific factual allegations sufficient to state a claim.
Procedural history
Plaintiff, a Virginia inmate, filed a pro se 42 U.S.C. §1983 action alleging constitutional violations by judges, a clerk, and Loudoun County. The district court screened the complaint and dismissed it for failure to state a claim under §1915A(b)(1).
Remand instructions
Plaintiff must file an amended complaint within thirty (30) days using the standardized §1983 complaint form, fully alleging specific facts, identifying each claim, and complying with the order’s formatting requirements.