Peter J. Barclay and Family v. Daniel R. Murphy, Glen D. Baisinger, Linn County Oregon, State of Oregon

Summary

The United States District Court for the District of Oregon denied the pro se plaintiff’s application to proceed in forma pauperis and dismissed the action with prejudice. The court held that claims challenging state-court decisions in a divorce proceeding were barred by judicial immunity and, in any event, were untimely under the applicable limitations period.

Holdings

1. Plaintiff's claims were barred by judicial immunity because they challenged decisions made by state-court judges in the course of judicial proceedings.
2. Plaintiff's claims were untimely because the challenged actions occurred in 2008, 2009, and 2017, and the action was filed several years after the assumed two-year limitations period for § 1983 claims.

Questions Presented

1. Whether plaintiff qualified to proceed in forma pauperis when his claims were barred by judicial immunity and were filed years after the challenged judicial acts.
2. Whether plaintiff's claims challenging state-court rulings could proceed as a civil action rather than through the ordinary appellate process.

Disposition

dismissed