Savoie v. Martin

• Decision Date: 12 April 2012
• Docket Number: No. 10–6529.,10–6529.
• Citation: 673 F.3d 488
• Parties: Christopher John SAVOIE, Plaintiff–Appellant, v. Judge James G. MARTIN, III, individually, and in his official capacity as judge and in his official capacity as Tennessee Supreme Court Rule 31 Neutral and as a party to a Rule 31 mediation contract; Stites & Harbison, PLLC, in their capacity as employer of Mediator James G. Martin, III, Defendants–Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

673 F.3d 488

Christopher John SAVOIE, Plaintiff–Appellant,

v.Judge James G. MARTIN, III, individually, and in his official capacity as judge and in his official capacity as Tennessee Supreme Court Rule 31 Neutral and as a party to a Rule 31 mediation contract; Stites & Harbison, PLLC, in their capacity as employer of Mediator James G. Martin, III, Defendants–Appellees.

No. 10–6529.

United States Court of Appeals, Sixth Circuit.

March 6, 2012.Rehearing and Rehearing En Banc Denied April 12, 2012.

ON BRIEF: Connie Reguli, Lawcare Family Law Center, Brentwood, Tennessee, for Appellant. Martha A. Campbell, Mary M. Bers, Office of the Tennessee Attorney General, Nashville, Tennessee, Garry K. Grooms, Stites & Harbison PLLC, Nashville, Tennessee, for Appellees.Before: MARTIN and McKEAGUE, Circuit Judges; CALDWELL, District Judge.^*

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case arises out of a custody dispute. Christopher John Savoie, M.D., brought this suit on behalf of himself and his minor children against James G. Martin, III, in his individual and official capacity as both a mediator and a judge for the Twenty–First Judicial District in Tennessee; and Stites & Harbison, PLLC, the law firm that employed Martin when he worked as a court-appointed mediator in Savoie's divorce proceedings with his now-ex-wife. Savoie also sued a court-ordered parental coordinator. The district court dismissed each of Savoie's claims. For the reasons set forth below, we AFFIRM the judgment of the district court.

I.

The facts of this case are summarized only for the purpose of background. The tragedy of this dispute is not before us but remains in the Tennessee state court system. In 2008, Savoie filed for divorce in the Chancery Court of Williamson County, Tennessee. Tennessee law mandates mediation in certain contested divorce proceedings. The now-Judge Martin was appointed to mediate Savoie's divorce from his ex-wife. Martin performed the mediation as part of his private legal practice for the Nashville office of Stites & Harbison. Effective January 1, 2009, after he concluded his role as mediator, Martin became a judge in the Twenty–First Judicial District of Tennessee.

In January 2009, after multiple mediation sessions, Judge Timothy L. Easter granted Savoie and his ex-wife an absolute divorce. The terms of the divorce settlement allowed Savoie's ex-wife to take the children to Japan during summer vacations but required her to maintain Tennessee residency and live within 100 miles of Savoie.

After the divorce had been entered, Savoie became concerned that his ex-wife planned to abduct the children to her native Japan. In light of comments made by Savoie's ex-wife, Savoie filed a petition on March 16, 2009, to modify the court-approved parenting plan that had been negotiated with the divorce. Savoie also sought a restraining order that would bar his ex-wife from traveling to Japan with the children. On March 19, Judge Jeffrey Bivens entered a temporary restraining order and scheduled a hearing for March 30 on the permanency of the restraining order.

The March 30 hearing, though initially assigned to Judge Easter, was later reassigned to Judge Martin. The parties, including Savoie's counsel, agreed on the record to have Judge Martin hear the motion. In fact, it was Judge Martin who expressly raised the issue of his prior involvement as mediator and indicated his willingness to address the temporary restraining order unless either party had objection. Counsel for both parties indicated they had no objection. Moreover, counsel for Savoie's ex-wife, speaking for both counsel, affirmatively stated: “[We] both agree that it would be in the clients' best interests, actually, if you would continue to be involved in this case, and we were pleased for you to be the judge on this case.”

After hearing testimony, Martin lifted the temporary restraining order prohibiting Savoie's ex-wife from traveling with the children to Japan and authorized the court to release the children's passport numbers to the ex-wife for the purpose of making travel arrangements. Subsequently, on May 27, as a result of further mediation proceedings (in which Martin was not involved) addressing Savoie's petition for modification of the parenting plan, Savoie and his ex-wife reached an agreement that was memorialized in an agreed order modifying the parenting plan. On August 12, Savoie's ex-wife left the United States with no apparent intent to return. At the time of the filing of the Second Amended Complaint in September 2010, Savoie's ex-wife and children had not returned to the United States; Savoie had been awarded full custody of the children; and his ex-wife had been charged with felony custodial interference.

Savoie filed suit against Martin in his individual and official capacities as both judge and mediator; Stites & Harbison in its capacity as Martin's employer during the time he acted as the mediator; and a court-ordered parental coordinator. Savoie alleged claims under 42 U.S.C. § 1983 and state law negligence claims against all of the defendants. Savoie also alleged contract claims against Stites & Harbison. Savoie sought money damages, and declaratory and injunctive relief. Savoie amended his complaint twice. After Savoie filed his Second Amended Complaint, the defendants filed renewed motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted defendants' motions, finding that Martin was entitled to judicial immunity for statements he made while he was presiding as a judge and to quasi-judicial immunity for any statements he made as a mediator. The district court determined that Savoie had not stated a valid section 1983 claim against Stites & Harbison and declined to exercise jurisdiction over the state law claims. The district court also dismissed Savoie's claims for injunctive and declaratory relief, and determined that the court-ordered parental coordinator was immune from suit. Savoie appeals the dismissal of all claims except those against the court-ordered parental coordinator.

Savoie claims that the district court erred in dismissing his claims. He argues that the district court erred by determining that (1) Martin was entitled to judicial immunity for claims arising from the March 30 hearing, including those claims based on statements he allegedly made in his role as a judge and a mediator, and those claims based on state law; (2) Stites & Harbison was not liable for acts taken by Martin; and (3) the claims for declaratory and injunctive relief should be dismissed. We agree with the district court's finding that Savoie has failed to state a claim for which relief can be granted and we affirm the district court's judgment.

II.

We review de novo grants of Rule 12(b)(6) motions. Courie v. Alcoa Wheel & Forged Prods., 577 F.3d 625, 629 (6th Cir.2009). “To survive a motion to dismiss, [a plaintiff] must allege ‘enough facts to state a claim to relief that is plausible on its face.’ ” Traverse Bay Area Intermediate Sch. Dist. v. Mich. Dep't of Educ., 615 F.3d 622, 627 (6th Cir.2010) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). All well-pled facts in the complaint must be accepted as true. Courie, 577 F.3d at 629 (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009)).

1. Judicial Immunity

Savoie first argues that the district court erred in finding that Judge Martin was entitled to judicial immunity for his actions taken during the March 30 hearing. A plaintiff can overcome judicial immunity in only two circumstances: “First, a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge's judicial capacity. Second, a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction.” Mireles v. Waco, 502 U.S. 9, 11–12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (citation omitted).

As a Tennessee circuit court judge, Martin had general jurisdiction pursuant to Article VI of the Tennessee Constitution and Tennessee Code section 16–10–101. At the time that Martin served as a mediator and judge in Savoie's case, Tennessee Supreme Court Rule 31 stated that “[a] person serving as a Rule 31 dispute resolution neutral in an alternative dispute resolution proceeding shall not participate as attorney, advisor, judge, guardian ad litem, master, or in any other judicial, or quasi-judicial capacity in the matter in which the dispute resolution was conducted.” Savoie argues that Rule 31 prohibited Martin from serving as a judge in Savoie's case after acting as a mediator, and that this violation removed Martin's jurisdiction to serve as a judge for a case in which he had previously served as the mediator. Savoie does not cite—and this Court has not identified—any support for the proposition that a violation of Tennessee Supreme Court Rules results in a loss of jurisdiction. The Supreme Court has stated that “[a] judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the clear absence of all jurisdiction.” Stump v. Sparkman, 435 U.S. 349, 356–57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (internal quotation marks omitted). “[I]f a probate judge, with jurisdiction over only wills and estates, should try a criminal case, he would be acting in the clear absence of jurisdiction and would not be immune from liability for his action.” Id. at 357 n. 7, 98 S.Ct. 1099. Given that Martin was a lawfully appointed judge with jurisdiction under the Tennessee Constitution and statutes, and that the substance of the March 30 hearing—whether to make permanent a temporary restraining order—was well within his jurisdiction as a state circuit court judge, we conclude that Martin was acting within his jurisdiction when he...