McDonald v. Krajewski

• Decision Date: 13 November 1986
• Docket Number: Civ. No. H 86-477.
• Citation: 649 F. Supp. 370
• Parties: Gail S. McDONALD, Plaintiff, v. James KRAJEWSKI, Individually and as Judge of Lake County Court, Division III, et al, Defendants.
• Court: U.S. District Court — Northern District of Indiana

649 F. Supp. 370

Gail S. McDONALD, Plaintiff, v. James KRAJEWSKI, Individually and as Judge of Lake County Court, Division III, et al, Defendants.

Civ. No. H 86-477.

United States District Court, N.D. Indiana, Hammond Division.

November 13, 1986.

Norman R. Buls, Willis, Buls & Johnston, Portage, Ind., for plaintiff.

Robert Spear, Chief Counsel, Office of Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, Ind., for defendants Krajewski & Danikolas.

Ray Szarmach, East Chicago, Ind., for defendant Lake County Council.

Hamilton L. Carmouche, Merrillville, Ind., for defendant Bd. of Com'rs of Lake County.

ORDER

MOODY, District Judge.

This matter is before the court on defendant James Krajewski's and defendant James Danikolas' Motion to Dismiss filed on September 9, 1986. Plaintiff Gail McDonald responded to this motion on September 16, 1986. For the reasons discussed below, the Motion to Dismiss is GRANTED in part and DENIED in part.

FACTUAL BACKGROUND

The plaintiff, Gail S. McDonald, was employed as a clerk-secretary for the Lake County Court, Division III from January 16, 1978 until August 5, 1985. From January 16, 1978 until March 20, 1985, plaintiff worked under the direction of Judge Orval W. Anderson. On June 20, 1985, Judge Anderson resigned and defendant Krajewski was appointed judge of Lake County Court, Division III. On August 5, 1985, defendant Krajewski informed plaintiff that he was eliminating her clerk-secretary position and that she was discharged from her employment with the court.

On June 13, 1986, McDonald brought suit against defendants Krajewski and Danikolas and several other defendants under 42 U.S.C. §§ 1983 and 1985, alleging violations of her first and fourteenth amendment rights. Specifically, plaintiff claims defendant Krajewski discharged her because she was a political supporter of Orval Anderson, Krajewski's predecessor as Judge of Lake County Court, Division III. According to plaintiff, defendant Krajewski employed another individual as clerk-secretary for the court on August 5, 1985, the exact date Krajewski informed plaintiff her position was being eliminated. Thus, plaintiff claims the reason given by defendant Krajewski for discharging her was merely a pretext to effectuate a political patronage dismissal.

McDonald filed suit against defendant Krajewski in both his individual capacity and in his official capacity as judge of Lake County Court, Division III. Judge James Danikolas is named as a defendant in this action only in his official capacity as Chief Judge of Lake Superior Court. According to plaintiff, defendant Danikolas is the only individual under Indiana law with the power to discharge court personnel.

Plaintiff seeks an order from this court directing defendants to reinstate her to her former position as clerk-secretary. Plaintiff also seeks compensatory damages and attorneys fees pursuant to 42 U.S.C. § 1988.

I. STANDARD OF REVIEW

It is well established that in ruling on a motion to dismiss, the court must accept the factual allegations contained in the complaint as true. Fromm v. Rosewell, 771 F.2d 1089, 1091 (7th Cir.1985). Further, all reasonable inferences which can be drawn from the facts must be viewed in the light most favorable to the plaintiff. Ellsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir.1985). A complaint should not be dismissed unless it appears beyond doubt that the plaintiff is unable to prove any set of facts which would entitle him or her to relief. Id.

II. INDIVIDUAL ACTION OF DEFENDANT DANIKOLAS

In her complaint, McDonald brought suit against defendant Danikolas only in his official capacity as Chief Judge of the Lake Superior Court. Danikolas now requests dismissal of plaintiff's complaint against him on the grounds that he lacks any personal involvement in or responsibility for plaintiff's discharge, as required by § 1983. In response to Danikolas' request for dismissal, McDonald contends that Danikolas is a necessary party to this litigation. According to McDonald, if this Court finds reinstatement to be an appropriate remedy, Danikolas, as Chief Judge, is the only official capable of effecting reinstatement under Indiana law.

It is well settled that to establish a § 1983 claim for damages, a plaintiff must demonstrate a defendant's personal responsibility for deprivation of his constitutional rights. Wellman v. Faulkner, 715 F.2d 269, 275 (7th Cir.1985); Duncan v. Duckworth, 644 F.2d 653, 655 (7th Cir.1981). If the alleged deprivation involves an official, the personal responsibility requirement is satisfied if the official "acts or fails to act with a deliberate or reckless disregard of plaintiff's constitutional rights, or if the conduct causing the constitutional deprivation occurs at her direction or under her knowledge and consent." Crowder v. Lash, 687 F.2d 996, 1005 (7th Cir.1982). Absent any personal involvement in the deprivation or any "deliberate or reckless disregard" for the plaintiff's constitutional rights, a complaint under § 1983 fails to establish a cause of action for damages against the official.

In addition, the very language of § 1983 predicates liability upon the defendant's personal involvement in the alleged deprivation. Section 1983 states in pertinent part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the district of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress ... (emphasis added).

It is apparent from the language of the statute that a causal connection must exist between the defendant's actions and the plaintiff's alleged deprivation of constitutional rights before the defendant is liable under § 1983. Under the statute, a deprivation becomes actionable only when the defendant "subjects" or "causes to be subjected" another individual to deprivation of any of his rights, privileges and immunities. Once again, there is no actionable § 1983 claim for damages unless the defendant actually participates in the claimed constitutional violation.

In the present case, plaintiff's complaint contains no specific allegations of any personal misconduct on the part of defendant Danikolas. In fact, nothing in the complaint even remotely suggests that Danikolas was personally involved in or responsible for plaintiff's discharge. According to the plain language of § 1983 and the interpretation given it by the Seventh Circuit in Wellman and Duncan, personal involvement on the part of the defendant is a necessary prerequisite to establishing a § 1983 claim for damages.

Because plaintiff has failed to demonstrate Danikolas' personal responsibility for her discharge, the § 1983 claim for damages against Danikolas is hereby DISMISSED. However, the court also determines that defendant Danikolas is still a necessary party to this litigation. In her complaint, plaintiff requests an order from this court directing defendants to reinstate her to her former position of employment. According to plaintiff, defendant Danikolas is the only official who can hire, fire or reinstate county court personnel under Indiana Code 33-10.5-2-4.5. At this stage of the litigation, it appears to the court that plaintiff's assertion is correct. If this court orders reinstatement, it appears that defendant Danikolas is the official in the best position to enforce this order. Therefore, the court retains Danikolas as a party to this action for the singular purpose of providing the prospective relief requested by McDonald. If the court later determines that Danikolas is not a necessary party for purposes of plaintiff's reinstatement, plaintiff's entire complaint against him will subsequently be dismissed.

III. THE IMMUNITY DEFENSE

Defendant Krajewski requests dismissal of plaintiff's complaint on the ground that he is immune from suit under the doctrine of absolute immunity. In the alternative, Krajewski raises the defense of qualified immunity.

The well-established doctrine of immunity recognizes that judges are not subject to personal liability for judicial acts performed within their jurisdiction. Wilkes v. Dinsman, 7 How. 89, 48 U.S. 89, 12 L.Ed. 618 (1849). Immunity totally insulates judges from liability for actions taken within their judicial capacity, even if the judge acts maliciously or corruptly. Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978).

The underlying purpose of immunity is to preserve judicial independence in the decisionmaking process. Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 20 L.Ed. 646 (1871). In adjudicating controversies between parties, judges must be free to render decisions without fear of personal liability for those decisions. Stump, 436 U.S. at 364, 98 S.Ct. at 1108-09; Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). Although judicial immunity is absolute, it should only apply when necessary to protect the independent nature of the judicial decisionmaking process. Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983).

A. Absolute Immunity

The next question presented in this case is whether judicial immunity extends to a judge's hiring and firing decisions. Two recent Seventh Circuit decisions reach opposite answers.

In Forrester v. White, 792 F.2d 647 (7th Cir.1986), rehearing pending, the court found a judge's dismissal of a probation officer to be a judicial act entitled to absolute immunity. The court reasoned that the probation officer "rendered advice and recommendations for dispositions to be made by the judge, and the information she provided directly implicated the exercise of the judge's discretionary judgment." 792 F.2d at 657. Because the...