Ballard v. Wall

• Citation: 413 F.3d 510
• Decision Date: 17 June 2005
• Docket Number: No. 03-31024.,03-31024.
• Parties: Michael BALLARD, Plaintiff-Appellant, v. Stephanie WALL, et al., Defendants-Appellees.
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

413 F.3d 510

Michael BALLARD, Plaintiff-Appellant, v. Stephanie WALL, et al., Defendants-Appellees.

No. 03-31024.

United States Court of Appeals, Fifth Circuit.

June 17, 2005.

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Dennis R. Whalen (argued), Baton Rouge, LA, for Ballard.

James H. Morgan, III (argued), Daniel A. Reed, Seale, Smith, Zuber & Barnette, Baton Rouge, LA, for Wall, Percy and Percy, Pujol & Wall.

Charles Henry Braud, Jr. (argued), Baton Rouge, LA, for Lambert.

Appeal from the United States District Court for the Middle District of Louisiana.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The plaintiff-appellant, Michael Ballard ("Ballard"), appeals from the dismissal of his civil rights action under 42 U.S.C. § 1983 after the district court granted Rule 12(b)(6) motions in favor of the defendants: Louisiana State District Court Judge Marilyn Lambert, attorneys Robert Ryland Percy, III and Stephanie Wall, and the law firm of Percy, Pujol, and Wall (the "Pujol law firm"). Ballard's complaint alleges, inter alia, that the defendants violated his rights under § 1983 by keeping him in jail until he paid his debt, without due process of law. Ballard essentially contends that the defendants operated a debtor's prison in violation of his constitutional rights. For the reasons which follow, the order of the district court granting the defendants' motion to dismiss is AFFIRMED in part, REVERSED in part and REMANDED.

FACTUAL AND PROCEDURAL BACKGROUND

This dispute began in December of 1996 after a Louisiana parish court rendered a money judgment against Ballard in favor of Machine Products Manufacturing Company, Inc. (the "judgment creditor"). At some point, Ballard became indebted to the judgment creditor, presumably on a preexisting account. To collect on that balance, the judgment creditor filed a suit against Ballard for an open account. The judgment creditor was represented by attorneys Percy and Wall (collectively "the attorneys"), both in the employ of the Pujol law firm. The judgment in favor of the judgment creditor was as follows: Ballard was liable for (1) $7,043.20, plus interest from September 19, 1996, the date of demand, until the debt was paid; (2) reasonable attorney's fees fixed at 33.3% of the principal and interest; and (3) all costs of the proceedings. When Ballard failed to pay the judgment, Percy filed a Motion for a Judgment Debtor Rule. Ballard was summoned to appear in the state district court before Judge Marilyn Lambert on April 23, 2002, at 9:00 A.M. When Ballard failed to appear for the hearing, Judge Lambert, upon request of Wall, ordered a bench warrant in the amount of $10,000, approximately the same amount Ballard owed on the judgment.¹ Ballard admits that he knew of the 9:00 A.M. court hearing, but forgot to appear until 10:00 A.M. that day. Ballard states that when he remembered, he immediately called Percy. He then spoke with Percy and told him of the situation and also requested Percy's advice as to what he should do concerning his tardiness. Ballard asserts that Percy informed him of the bench warrant and the bond and advised him that he would have to pay the bond to avoid being jailed. Ballard then called his attorney who instructed him to go immediately to the court. When Ballard arrived at the courthouse around 11:00 A.M., he went immediately to the clerk's office and was directed to Judge Lambert's chambers. Ballard spoke with Judge Lambert and asked her what he could do to rectify the situation. Judge Lambert instructed him to wait in the hall while she left to make a telephone call to the Pujol law firm. Ballard asserts that after thirty or forty minutes, Judge Lambert returned and informed him that she had talked with the Pujol law firm, and that Percy told her that ". . . he does not want to release the bond." Judge Lambert then informed him that "[y]ou are going to have to pay $10,000 to keep out of jail." Ballard maintains that he then asked Judge Lambert whether he could use a bail bond or a property bond to cover the bond, but Judge Lambert informed him that he could use neither, and that he would have to pay the $10,000 in cash. When Ballard could not meet the bond, Judge Lambert instructed police in the hallway to take him into custody. Ballard was taken to the Ascension Parish Jail and incarcerated until 6:00 A.M. the next morning. From there, he was transferred to the parish prison. While in the jail annex, Ballard called his wife, Patricia Ponthier. After speaking with Ballard, Ponthier called Percy. According to Ballard, Percy told Ponthier that she would have to come up with $10,000 or Ballard would stay in jail until the next court date. The complaint indicates that Ponthier asked Percy, "Can you put someone in jail for not paying a debt?" Percy responded, "Yes ma'am, that's the law."

Ballard asserts that Ponthier then called Judge Lambert's office, and while speaking with Judge Lambert's secretary, Ponthier asked whether there was anything else that could be done to get her husband out of jail. Ballard asserts that the secretary responded, "No, that's the way Judge Lambert does it, Judge Lambert combines the debt and court costs together and it has to be cash for the whole amount and it had to be paid to Mr. Ryland Percy."

Ballard states that on the following day, Ponthier was able to borrow $10,000 from her son. After obtaining the money, Ponthier went to Percy's office. Ponthier asked Percy's secretary whether Ballard would be released from jail if she paid the money. After conferring with Percy, Percy's secretary told Ponthier, in Percy's presence, "just give me the money, I can call the jail and he will be released." Ponthier, in accord, gave the secretary the money, and stood by while she counted it. The secretary then gave Ponthier a receipt for $10,000, as well as a copy of a letter signed by Percy, informing the clerk of court that "this would close the case and the judgment was satisfied."

Ballard alleges that Percy's secretary then telephoned the jail and requested Ballard's release. He was released at approximately 6:00 P.M. on the day of that request. On April 25, 2002, a notation was made in the state district court record, "Per Melanie @ Ryland Percy Office don't issue B/W 4/25/02 1:25 P.M."

Ballard did not pursue an appeal through the state courts concerning his complaints about the Judgment Debtor Rule procedure in Judge Lambert's court. Instead, Ballard filed this suit under 42 U.S.C. § 1983 in federal court, claiming federal constitutional violations. Ballard's complaint specifically alleges that the defendants deprived him of his liberty without due process of law by conspiring to operate a debtor's prison. His claim further states that Judge Lambert "had no jurisdiction to operate a [d]ebtor's [p]rison for Judgment Debtors who did not appear timely for court appearances" and that "[s]ince 1840 [d]ebtor's [p]rison has been forbidden in Louisiana." Ballard further asserted that the proper penalty under Louisiana law for failing to pay a debt at a Judgment Debtor Rule is to order a rule to show cause hearing for contempt after proper notice is given.

In response to the allegations in Ballard's complaint, Judge Lambert filed a motion to dismiss pursuant to FED.R.CIV.P. 12(b)(6), contending she was entitled to absolute judicial immunity from the claims in Ballard's suit because "[s]he was merely setting a bond for a bench warrant that involved a hearing of which she was the presiding judge." The attorneys also filed a motion to dismiss pursuant to FED. R.CIV.P. 12(b), arguing that they were not "state actors" within the meaning of § 1983.

In opposition to the defendants' motions, Ballard contended that Judge Lambert was not entitled to judicial immunity because she acted beyond the scope of her jurisdiction when she ordered him jailed until he paid the debt. He also contended that the attorney defendants were state actors under § 1983 because they conspired with Judge Lambert to operate a debtor's prison. Ballard sought compensatory and exemplary damages, as well as attorney's fees for the deprivation of his civil rights. Ballard also requested a permanent injunction enjoining the defendants "from operating a [d]ebtor's [p]rison and incarcerating debtors until they pay debts."

The district court granted the defendants' motions to dismiss. The court first determined that Judge Lambert was acting within her judicial capacity, and thus, was entitled to judicial immunity when she issued the bond accompanying the bench warrant for Ballard's failure to appear.² The court similarly concluded that the attorneys were also entitled to dismissal because they were not state actors as required for a claim under § 1983. This appeal by Ballard ensued.

STANDARD OF REVIEW

This court reviews de novo a district court's dismissal pursuant to Rule 12(b)(6). Jackson v. City of Beaumont Police Dep't, 958 F.2d 616, 618 (5th Cir.1992). All of the plaintiff's allegations must be accepted as true, and the dismissal will be affirmed "only if it appears that no relief could be granted under any set of facts that could be proven consistent with the allegations." Moore v. Carwell, 168 F.3d 234, 236 (5th Cir.1999) (internal quotation marks and citation omitted).

DISCUSSION

A. Judicial Immunity

Ballard argues that Judge Lambert is not entitled to judicial immunity because she had no jurisdiction to imprison him until he paid the $10,000 debt to Percy, the judgment creditor's attorney. Although Ballard's claim is under § 1983, his complaint takes the tone of a challenge to Judge's Lambert's application of Louisiana's Judgment Debtor Rule procedure pursuant to article 2451 of the Louisiana Code of Civil Procedure. On appeal, Ballard asserts that the district court's judgment dismissing his claim against Judge Lambert on the grounds of judicial immunity must be reversed because the judge exceeded the scope of her...