Summary
The United States District Court for the Northern District of Indiana denied Nu Nu Yee’s motion to proceed in forma pauperis because the complaint failed to state a claim against any defendant. The court held that Judge Brian Cook was entitled to judicial immunity and that the allegations against Ruiz Installation, Inc. did not adequately plead a Fair Housing Act claim or establish federal-question jurisdiction. The court granted Yee leave to amend and refile her in forma pauperis motion by April 24, 2026.
Holdings
- Judge Cook was absolutely immune because Yee did not allege that he acted in the absence of jurisdiction or outside his judicial duties.
- The complaint failed to state a Fair Housing Act discrimination claim because it did not allege the type of discrimination or when the discrimination occurred.
- The court lacked subject matter jurisdiction over the state-law negligence claim because Yee failed to plead a valid federal Fair Housing Act claim, and without a valid federal claim the court could not exercise supplemental jurisdiction.
- The motion to proceed in forma pauperis was denied because the complaint failed to state a claim against any defendant.
Questions Presented
- Whether the complaint stated a claim against Judge Brian Cook despite judicial immunity.
- Whether the complaint adequately pleaded a Fair Housing Act discrimination claim against Ruiz Installation, Inc.
- Whether the court had federal-question jurisdiction over the Fair Housing Act claim and supplemental jurisdiction over the state-law negligence claim.
- Whether Yee's motion to proceed in forma pauperis should be granted after screening the complaint.
Disposition
other
Cases Cited (11)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
- Hoskins v. Poelstra, 320 F.3d 761, 763 (7th Cir. 2003)(followed)
- Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Geinosky v. City of Chicago, 675 F.3d 743, 745 n.1 (7th Cir. 2012)(followed)
- Williamson v. Curran, 675 F.3d 432, 436 (7th Cir. 2012)(followed)
- Polzin v. Gage, 636 F.3d 834, 838 (7th Cir. 2011)(followed)
- Olson v. Champaign County, Illinois, 784 F.3d 1093, 1095 (7th Cir. 2015)(followed)
- McCauley v. City of Chicago, 671 F.3d 611, 617 (7th Cir. 2011)(followed)
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Court Document
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