Thomas Henry v. Wise Co. Courthouse, et al.

Summary

The United States District Court for the Western District of Virginia dismissed Thomas Henry’s pro se 42 U.S.C. § 1983 complaint concerning alleged irregularities in Wise County, Virginia, court records. The court held that the allegations did not state a constitutional or federal-law violation and that several defendants were not proper § 1983 defendants or were immune from suit.

Holdings

1. Allegations ranging from an innocent misunderstanding of the case-management report to a clerical error, without more, do not establish a violation of federal law or the Constitution and therefore fail to state a claim under § 1983.
2. A courthouse is not a person subject to suit under § 1983, so the Wise County Courthouse was not a proper defendant.
3. The judge was absolutely immune from suit for actions taken in her judicial capacity.
4. The Commonwealth's Attorney was absolutely immune from damages liability for activities intimately associated with the judicial phase of the criminal process, including seeking an indictment, requesting a nolle prosequi order, and deciding to seek a later indictment.
5. The allegation that Officer Johnson signed the nolle prosequi order with the Commonwealth's Attorney did not state a violation of federal law or the Constitution.

Questions Presented

1. Whether Henry's allegations concerning allegedly inaccurate or misleading court records stated a claim under 42 U.S.C. § 1983.
2. Whether the Wise County Courthouse was a person subject to suit under § 1983.
3. Whether the state judge and Commonwealth's Attorney were immune from Henry's claim for monetary relief.
4. Whether the allegations against Officer Paul Johnson stated a constitutional or federal-law violation.

Disposition

dismissed