Goldie Marie Page v. Judge DeHart, et al.

Summary

The United States District Court for the Western District of Virginia summarily dismisses Goldie Marie Page’s pro se 42 U.S.C. § 1983 complaint without prejudice for failure to state a claim. The court concludes that the claims are barred or deficient based on judicial immunity, lack of state action, lack of probable-cause allegations, failure to plead personal involvement or deliberate indifference, and other pleading deficiencies. The opinion addresses claims against a judge, attorney, law-enforcement officers, correctional officials, and mental-health personnel.

Holdings

1. A judge is generally immune from suit under § 1983 for judicial acts unless the challenged conduct was nonjudicial or was taken in the complete absence of all jurisdiction. Sentencing was a judicial act, and Page did not plausibly allege that Judge DeHart lacked jurisdiction; therefore the claims against him were dismissed.
2. Page failed to state a § 1983 claim against Randal Kirk because the pleading did not identify Kirk's employment or state action, and child-labor claims fall under the Fair Labor Standards Act rather than a prisoner civil-rights action. Any FLSA claim was also time-barred on the allegations and public records before the court.
3. Defense attorneys do not act under color of state law for purposes of § 1983 when representing a criminal defendant, regardless of whether they are privately retained, appointed by the state, or employed as public defenders.
4. To state a § 1983 claim for unlawful arrest or imprisonment, a plaintiff must allege detention without probable cause. Page did not allege facts showing a lack of probable cause, and her subsequent indictment and final disposition of the charges settled probable cause for the arrest.
5. A pretrial detainee alleging deliberate indifference to medical needs under the Fourteenth Amendment must plead a serious medical condition or injury, the defendant's intentional, knowing, or reckless response to the substantial risk, the defendant's knowledge of the condition and risk, and resulting harm. Page failed to allege a medical condition, harm to herself, or personal involvement by the named defendants.

Questions Presented

1. Whether the claims against Judge DeHart were barred by judicial immunity.
2. Whether Page stated a claim under § 1983 against Randal Kirk based on alleged child labor and other unspecified conduct.
3. Whether Page's claims against her defense attorneys were actionable under § 1983.
4. Whether Page stated an unlawful-arrest claim against the sheriff and arresting officers.
5. Whether Page stated a Fourteenth Amendment deliberate-indifference claim based on alleged denial of mental-health services to other inmates.
6. Whether the complaint adequately alleged personal involvement by each defendant.

Disposition

dismissed