Sabeti v. Maron
Decision Date | 04 June 2012 |
Docket Number | 12-CV-2392(JS)(ARL) |
Parties | SEAN SABETI, Plaintiff, v. EDWARD A. MARON, Defendant. |
Court | U.S. District Court — Eastern District of New York |
APPEARANCES:
For Plaintiff: Sean Sabeti, Pro Se
For Defendant: Marsha W. Yee, Esq.
NYS Office of the Attorney General
Before the Court is the Complaint of pro se plaintiff Sean Sabeti ("Plaintiff") filed pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1985 against the defendant, the Hon. Edward A. Maron, Justice of New York State Supreme Court, County of Nassau ("Defendant"). For the reasons that follow, the Plaintiff's Complaint is sua sponte DISMISSED.
Id. In addition, Plaintiff describes that, on July 15, 2009, "after Plaintiff made an Objection, Defendant stopped the Court Reporter and stated to Plaintiff in open court that 'You better have good Mal-Practice Insurance." Id. at p. 2. Plaintiff alleges that he "demanded that the comment be placed on the Record, at which time Defendant told Plaintiff to 'Shut up and Sit Down.'" Id.
Id. Plaintiff also alleges that the Defendant has filed a grievance against him with the Grievance Committee for the 10th Judicial District and that the Plaintiff intends to file a Complaint against the Defendant with the New York State Commission on Judicial Conduct (Stern Commission). Id.
As a result of the foregoing, Plaintiff seeks to recover an "aware [sic] of a money judgment in the amount of $10,000,000." Compl. at p. 4.
Although the Court is generally required to read a pro se plaintiff's complaint liberally and construe it to raise the strongest arguments it suggests, see, e.g., McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004), here, given that the Plaintiff is a practicing attorney, his pleading is not entitled to the degree of liberality ordinarily given to pro se plaintiffs. See Dorfman v. Bruno, No. 09-CV-4355, 2011 WL 197885, at *2 (E.D.N.Y. Jan. 18, 2011) (citing Maloney v. Cuomo, 470 F. Supp. 2d 205, 209 (E.D.N.Y. 2007), aff'd, 554 F.3d 56 (2d Cir. 2009), vacated on other grounds, 561 U.S. _, 130 S. Ct. 3541, 177 L. Ed. 2d 1119 (2010)).
A district court has the inherent power to dismiss a case, sua sponte, if it determines that the action is frivolous or the court lacks jurisdiction over the matter regardless of whether a plaintiff has paid the filing fee. Fed. R. Civ. P. 12(h)(3); Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362, 363-364 (2d Cir. 2000). "An action is frivolous if it lacks an arguable basis in law or fact--i.e., where it is 'based on an indisputably meritless legal theory' or presents 'factual contentions [which] are clearly baseless.'" Scanlon v. Vermont,423 Fed. App'x. 78, 79 (2d Cir. 2011) (summary order) (quoting Neitzke v. Williams, 490 U.S. 319, 327, 109 S. Ct. 1827, 104 L. Ed. 2d 338 (1989).
Plaintiff's Complaint is dismissed because Judge Maron is entitled to absolute judicial immunity. It is well-established that "[j]udges have traditionally enjoyed absolute immunity for damages arising out of judicial acts performed in their judicial capabilities." Rios v. Third Precinct Bay Shore, No. 08-CV-4641 (JFB)(ETB), 2009 WL 2601303, at *3 (E.D.N.Y. Aug. 20, 2009) (citing Mireles v. Waco, 502 U.S. 9, 11-12, 112 S. Ct. 286, 116 L. Ed. 2d 9 (1991)). The United States Supreme Court instructs that judges are immune from civil suits for money damages, except when their actions are taken in a non-judicial capacity or when their actions are taken in the complete absence of jurisdiction. Waco, 502 at 11-12, 112 S. Ct. at 288. Moreover, "judicial immunity is not overcome by allegations of bad faith or malice . . . ." Id. ( ).
Here, Justice Maron is absolutely immune from this civil suit because it arises solely from actions he allegedly took from the bench while presiding over various proceedings involving the Plaintiff. All of alleged wrongful conduct by Justice Maron fallssquarely within the scope of absolute judicial immunity.2Accordingly, the Complaint is dismissed with prejudice and the Clerk of the Court is directed to close this case.
For the reasons set forth above, Plaintiff's Complaint is dismissed in its entirety with prejudice. The Clerk of the Court is directed to close this case...
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