Miller v. County of Nassau

• Decision Date: 12 December 2006
• Docket Number: No. 06-cv-4347 (ADS)(ARL).,06-cv-4347 (ADS)(ARL).
• Parties: Daniel. MILLER, Stanley C. Golon, Jeffrey Medina, Jerome May, Damon Wilson, and all others who are similarly situated, Plaintiffs, v. COUNTY OF NASSAU; Thomas Suozzi, County Executive; Kathleen M. Rice, District Attorney; and Hon. Anthony Marano, Chief Administrative Judge, Defendants.
• Court: U.S. District Court — Eastern District of New York

467 F.Supp.2d 308

Daniel. MILLER, Stanley C. Golon, Jeffrey Medina, Jerome May, Damon Wilson, and all others who are similarly situated, Plaintiffs, v. COUNTY OF NASSAU; Thomas Suozzi, County Executive; Kathleen M. Rice, District Attorney; and Hon. Anthony Marano, Chief Administrative Judge, Defendants.

No. 06-cv-4347 (ADS)(ARL).

United States District Court, E.D. New York.

December 12, 2006.

Daniel Miller, East Meadow, NY, Plaintiff Pro Se.

Stanley C. Golon, East Meadow, NY, Plaintiff Pro Se Jeffrey Medina, East Meadow, NY, Plaintiff Pro Se.

Jerome May, East Meadow, NY, Plaintiff Pro Se.

Damon Wilson, East Meadow, NY, Plaintiff Pro Se.

Office of the Nassau County Attorney, by Sondra M. Mendelson', Deputy County Attorney, Mineola, NY, for the Defendants County of Nassau, Thomas Suozzi and Kathleen M. Rice.

Office of Court Administration, by Michael Colodner, Esq., of Counsel, New York, NY, for the Defendant the Honorable Anthony Marano.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Daniel Miller, Stanley C. Golon, Jeffrey Medina, Jerome May and Damon Wilson ("the Plaintiffs"), pro se, bring this action against the County of Nassau (the "County"), County Executive Thomas Suozzi ("Suozzi"), District Attorney Kathleen M. Rice ("Rice"), and Nassau County Administrative Judge Anthony Marano ("Judge Marano"). The Plaintiffs allege that the District Attorney's unconstitutional plea bargaining policy and the Defendants' acceptance of that policy violates 42 U.S.C. Section 1983. The Plaintiffs seek a declaratory judgment and injunctive relief enjoining and prohibiting enforcement of the plea bargaining policy.

Presently before the Court is a motion by the Defendants, the County, Suozzi and Rice, to dismiss the complaint pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ.P.") 12(b)(6). Also pending before the Court is the Plaintiffs' motion for class certification.

I. BACKGROUND

The Court is required to read the Plaintiffs' pro se complaint liberally. See Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 176, 66 L.Ed.2d 163 (1980); Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972). Moreover, at this stage of the proceedings, the Court assumes the truth of the allegations in the complaint. See H.J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 249-50, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989); Koppel v. 4987 Corp., 167 F.3d 125, 128 (2d Cir. 1999). For the following background facts, the Court relies on the information contained in the Plaintiffs' complaint and the attachments submitted with the complaint.

The Plaintiffs are pretrial detainees and sentenced inmates currently incarcerated. They allege that the District Attorney's plea bargaining policy violates the constitutional guarantees of Due Process and Equal Protection, as well as the Separation of Powers doctrine and the New York State Constitution. Specifically, the Plaintiffs claim that the District Attorney's Office "will not engage in any plea bargaining unless it is [the District Attorney's Office], rather than the presiding judge who selects the exact sentence of incarceration."

The Plaintiffs claim that they represent four separate subclasses of persons who have been affected by this policy: "1) defendants who were given plea agreements by the former District Attorney which were not in violation of the Constitution and Laws of the United States and State of New York, and whose plea agreements were subsequently rescinded upon inauguration of the new District Attorney; 2) defendants who are currently pretrial detainees incarcerated pending trial or other disposition of criminal charges in the County of Nassau; 3) defendants who have been sentenced after having been convicted by a plea of guilty to an offense alleged to have been committed in the County of Nassau, and 4) defendants at liberty on bail or otherwise who are facing trial or other disposition of criminal charges in the County of Nassau."

The Plaintiffs claim that the current plea bargaining policy was implemented by Rice when she became the District Attorney. The Plaintiffs set forth claims against Rice in her official capacity. The Plaintiffs further allege that the presiding judge should decide the sentence imposed pursuant to a guilty plea and that the District Attorney's policy "abrogates the statutory role of the judicial officer at sentencing converting the powers and functions of a judge to no more than a mere Master of Ceremonies." The Plaintiffs also claim that Suozzi, in his official capacity, failed to take steps to protect the public from Rice's policy. The Plaintiffs further claim that Judge Marano, in his official capacity, failed to direct judges to refuse to participate in the plea bargaining policy.

The Plaintiffs seek a declaratory judgment that the plea bargaining policy is unconstitutional. The Plaintiffs further request an injunction prohibiting and enjoining the District Attorney's office from utilizing her plea bargaining policy and from enforcing the policy as to the Plaintiffs. The Plaintiffs also seek class certification.

The Defendants, the County, Suozzi and Rice move to dismiss the complaint arguing that the County is not liable for Rice's actions because the Plaintiffs fail to claim that the allegedly unconstitutional acts were a result of a County policy, practice or custom. The Defendants further argue that the claims against Suozzi must fail because Nassau County is named as a Defendant. The Defendants also argue that the Plaintiffs fail to state a claim against Rice because there is no constitutional right to a plea bargain and mere disagreement with Rice's policies is not sufficient for judicial intervention. The Defendants further allege that the Plaintiffs' claims are barred by the Younger and the Rooker-Feldman abstention doctrines. Finally, the Defendants claim that the complaint lacks merit.

The Plaintiffs have not opposed the motion to dismiss.

II. DISCUSSION

A. Standard of Review for Motion to Dismiss

The Court is mindful that the Plaintiffs are proceeding pro se and that their submissions should be held "`to less stringent standards than formal pleadings drafted by lawyers...." Hughes, 449 U.S. at 9, 101 S.Ct. 173 (quoting Haines, 404 U.S. at 520, 92 S.Ct. 594). District courts should "read the pleadings of a pro se plaintiff liberally and interpret them `to raise the strongest arguments that they suggest.'" McPherson v. Coombe, 174 F.3d 276, 280 (2d Cir.1999) (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir.1994)). Nevertheless, the Court is also aware that pro se status "does not exempt a party from compliance with relevant rules of procedural and substantive law...." Traguth v. Zuck, 710 F.2d 90, 95 (2d Cir.1983) (internal quotations and citation omitted).

1. Rule 12(b)(6)

In deciding a motion to dismiss under Rule 12(b)(6), a district court must "accept all of the plaintiff's factual allegations in the complaint as true and draw inferences from those allegations in the light most favorable to the plaintiff." Desiderio v. National Ass'n of Sec. Dealers, Inc., 191 F.3d 198, 202 (2d Cir.1999). A complaint should not be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Dangler v. New York City Off Track Betting Corp., 193 F.3d 130, 138 (2d Cir.1999) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). "The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims." King v. Simpson, 189 F.3d 284, 287 (2d Cir.1999) (quoting Villager Pond, Inc. v. Town of Darien, 56 F.3d 375, 378 (2d Cir.1995)).

B. Absolute Judicial Immunity

Although Judge Marano has not moved to dismiss the Plaintiffs' complaint, this Court may, sua sponte, dismiss a complaint for lack of subject matter jurisdiction, based on a finding of judicial immunity. Daniels v. Appellate Div. of State Supreme Court, No. 97 Civ 5113, 1997 WL 528060, *1, 1997 U.S. Dist. LEXIS 12832, at *2 (S.D.N.Y. Aug. 27, 1997) ("Because this Court lacks subject matter jurisdiction under the Rooker-Feldman doctrine, and/or because plaintiffs complaint is barred by the doctrine of absolute judicial immunity, plaintiffs complaint is hereby dismissed sua sponte"); Leslie v. Mortgage Electronic Registration Sys., Inc., No. 05 CV 1725, 2006 WL 1980305, 2006 U.S. Dist. LEXIS 50378 (D.Conn. July 12, 2006) (Court granted motion to dismiss the complaint for lack of subject matter jurisdiction based on judicial immunity).

It is well settled that judges are absolutely immune from suit for any actions taken within the scope of their judicial responsibilities or within his or her jurisdiction. See Mireles v. Waco, 502 U.S. 9, 9-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991); Maestri v. Jutkofsky, 860 F.2d 50, 52-53 (2d Cir.1988). The rule of absolute judicial immunity is necessary because "principled and fearless decision-making" will be compromised if a judge "fears that unsatisfied litigants may hound him with litigation charging malice or corruption." Vasile v. Dean Witter Reynolds Inc., 20 F.Supp.2d 465, 489 (E.D.N.Y.1998) (internal quotations and citation omitted).

The Supreme Court has emphasized that the scope of the judge's jurisdiction must be construed broadly where the issue is the immunity of the judge. Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (citation omitted). Absolute immunity exists "however erroneous the act may have been, however injurious in its consequences it may have proved to the plaintiff." Bradley v. Fisher, 13 Wall. 335, 80 U.S. 335, 347, 20 L.Ed. 646 (1871). "The cloak of immunity is not pierced by allegations of bad faith or malice." Tucker v. Outwater, 118 F.3d 930, 932 (2d Cir.1997). Indeed, the doctrine of judicial immunity is so expansive that it is overcome only when (1) the action is...