Christopher Jermaine McGee v. Seldon T. Peden

Summary

This Report and Recommendation addresses a pro se § 1983 action brought by a pretrial detainee against the judge in his criminal case. The magistrate judge recommends dismissal with prejudice under 28 U.S.C. §§ 1915(e) and 1915A because the defendant is protected by absolute judicial immunity. The document also provides notice of the parties’ right to file objections within fourteen days.

Holdings

1. The complaint failed to state a claim upon which relief could be granted because it challenged judicial participation and rulings by the defendant without establishing a cognizable violation actionable under § 1983.
2. Absolute judicial immunity barred McGee's claims because they arose from acts taken by Peden in his judicial capacity and there was no allegation that the acts were taken in the complete absence of jurisdiction.

Questions Presented

1. Whether the complaint stated a claim under 42 U.S.C. § 1983 against the judge who presided over the plaintiff's criminal case.
2. Whether absolute judicial immunity barred the claims based on the defendant's judicial acts and rulings.

Disposition

other