Shahin v. Darling

• Decision Date: 31 March 2009
• Docket Number: Civ. No. 08-295-SLR.
• Citation: 606 F.Supp.2d 525
• Parties: Nina SHAHIN, Plaintiff, v. Pamela A. DARLING, et al., Defendants.
• Court: U.S. District Court — District of Delaware

606 F.Supp.2d 525

Nina SHAHIN, Plaintiff, v. Pamela A. DARLING, et al., Defendants.

Civ. No. 08-295-SLR.

United States District Court, D. Delaware.

March 31, 2009.

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Nina Shahin, Dover, DE, Pro Se Plaintiff.

Kevin R. Slattery, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for Defendants Pamela A. Darling, Merrill C. Trader, Rosemary Betts Beauregard, Robert B. Young, William L. Witham, Jack B. Jacobs, Carolyn Berger, Henry DuPont Ridgely, Linda Lavender, and Sheila A. Dougherty.

Norman H. Brooks, Jr. and Theodore John Segletes, III, Esquires, Markes, O'Neill, O'Brien & Courtney, Wilmington, DE, for Defendant Liguori Morris & Yiengst.

Richard H. Morse, Esquire, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Defendant Young Conaway Stargatt & Taylor, LLP.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Nina Shahin ("plaintiff") filed this lawsuit on May 20, 2008, against members of the Delaware judiciary, two law firms, and two court reporters alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"),¹ obstruction of justice pursuant to 18 U.S.C. §§ 1506, 1512, and 1513, and civil rights violations pursuant to 18 U.S.C. §§ 241 and 242. The complaint asserts jurisdiction pursuant to 18 U.S.C. § 1512(h). Plaintiff appears pro se and has paid the filing fee. Now before the court are defendants' motions to dismiss and plaintiff's motions for sanctions. (D.I. 22, 23, 25, 27, 34, 39, 52) Judicial defendants move for dismissal pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The law firms move for dismissal pursuant to Rule 12(b)(6).

II. BACKGROUND

Plaintiff alleges her civil rights were violated on three different occasions, all violations related to, or stemming from, cases against Del-One Delaware Federal Credit Union filed in Delaware State Courts. Plaintiff and her husband were the plaintiffs in the cases. Two cases were filed in the Justice of the Peace Court of Kent County, Delaware, Nos. J0507004516 (referred to by plaintiff as the first case),² and J0506073516 (referred to by plaintiff as the second case),³ and the third case, No. 0610-027-RBY, (referred to by plaintiff as the third case)⁴ was filed in the Superior Court of the State of Delaware in and for Kent County. Of the two cases filed in the Justice of the Peace Court, in No. J0507004516, plaintiff ultimately petitioned the United States Supreme Court for a writ of certiorari, but it was denied; the other, No. J0506073516, is currently on appeal before the Superior Court. The third case, No. 06C-10-027-RBY, was on appeal before the Delaware Supreme Court at the time plaintiff filed her complaint.⁵ Plaintiff did not prevail in any of the cases and alleges that she was denied a fair trial in every court in the State of Delaware when judges, attorneys, and court reporters acted in collusion to subvert her constitutional rights, and they committed obstruction of justice, fraud, and racketeering. She seeks damages in the amount of nine million dollars.

Plaintiff alleges, generally, deprivation of her rights under the color of law; abuse of service of process; violation of the oath of office; violations of rules of judges' professional conduct; tampering with a witness, victim, or an informant; collusion; trespassing and treason; obstruction of justice; coercion; intimidation; conspiracy against rights, violations of rules of professional conduct; and fraud. The allegations against each defendant are as follows:

Magistrate Pamela A. Darling ("Magistrate Darling"), Justice of the Peace Court. Magistrate Darling denied plaintiff service of process by failing to mail plaintiff a copy of defendants' response in the case before Magistrate Darling, during a hearing she denied plaintiff (and her husband) the right to question a witness plaintiff had subpoenaed, denied plaintiff the right to present evidence and testimony, and ruled against plaintiff.⁶ (D.I. 1, at 2) In her response to judicial defendants' motion to dismiss, plaintiff asserts Magistrate Darling violated the United States Constitution, 18 U.S.C. §§ 242 and 246, as well as the Delaware Judges' Code of Judicial Conduct.⁷ (D.I. 29, at 26)

Judge Merrill C. Trader ("Judge Trader"), Court of Common Pleas of Kent County. Judge Trader presided during a hearing on a motion for summary judgment, mocked and dismissed plaintiff's responses while allowing the false statements of opposing counsel to "stand," and eventually ruled against plaintiff. (D.I. 1, at 2) On January 17, 2007, Judge Trader held a hearing on appeal in his chambers and had ex parte communications with defense counsel and Judge Beauregard, the presiding judge. (Id. at 3) In her response to judicial defendants' motion to dismiss, plaintiff asserts Judge Trader violated the United States Constitution, 18 U.S.C. § 241 and § 1512(c)(1) as an accessory after the fact pursuant to 18 U.S.C. § 3, as well as the Delaware Judges' Code of Judicial Conduct.⁸ (D.I. 29, at 28)

Judge Rosemary Betts Beauregard ("Judge Beauregard"), Court of Common Pleas of Sussex County. Judge Beauregard ruled in favor of defendants based upon facts never proven in court. (D.I. 1, at 3) In her response to judicial defendants' motion to dismiss, plaintiff asserts that Judge Beauregard violated the United States Constitution, 18 U.S.C. § 241 as a principal and as an accessory after the fact pursuant to 18 U.S.C. §§ 2 and 3, as well as 18 U.S.C. § 1512(c)(1) which is considered "racketeering activity" under 18 U.S.C. § 1961(1).⁹ (D.I. 29, at 34-35)

Judge Robert B. Young ("Judge Young"), Superior Court of Kent County. Judge Young presided and falsified the Justice of the Peace Court's decision to a "completely opposite conclusion" and ruled against plaintiff. (D.I. 1, at 2) Judge Young was also assigned Case No. 0610-027 RBY. While the case was on appeal before the Delaware Supreme Court, Judge Young entered a decision awarding attorneys' fees to defense counsel. (Id. at 4) Plaintiff alleges this was a "trespassing" decision because Judge Young had no jurisdiction over the case. (Id.) In her response to judicial defendants' motion to dismiss, plaintiff asserts that Judge Young violated 18 U.S.C. § 241 and § 1506 as a principal and an accessory after the fact pursuant to 18 U.S.C. §§ 2 and 3. (D.I. 29, at 30-31, 38) The motion also asserts that Judge Young violated 42 U.S.C. § 1985(2).¹⁰ (Id. at 38)

Judge William L. Witham ("Judge Witham"), Superior Court of Kent County. Judge Witham is not mentioned in the body of the complaint. However, in her response to judicial defendants' motion to dismiss, plaintiff asserts that the charges against Judge Witham stem from an issue related to tampering with sworn testimonies by witnesses in the Court of Common Pleas and on appeal on the issue of access to tapes of court hearings. She asserts that Judge Witham committed the felony of obstruction of justice as an accessory after the fact pursuant to 18 U.S.C. § 3, violated 18 U.S.C. § 241, and the Rules of Professional Conduct. (D.I. 29, at 35-36)

Justices Jack B. Jacobs ("Justice Jacobs"), Carolyn Berger ("Justice Berger"), and Henry DuPont Ridgely ("Justice Ridgely"), Delaware Supreme Court. The Delaware Supreme Court justices affirmed the decision of the lower courts, thus "providing a cover up for violations in all courts." (D.I. 1, at 2) In her response to judicial defendants' motion to dismiss, plaintiff also asserts that Justices Jacobs, Berger, and Ridgely violated 18 U.S.C. § 241 as well as 42 U.S.C. § 1985(2). (D.I. 29 at 31-32, 38)

Chief Justice Myron T. Steele ("Chief Justice Steele"),¹¹ Delaware Supreme Court.¹² Chief Justice Steele is not mentioned in the body of the complaint. It may be that the allegations regarding the Delaware Supreme Court's dismissal of plaintiff's complaints of alleged wrongful acts by Magistrate Darling and Judge Trader are directed towards Chief Justice Steele. (D.I. 1, at 2-3) Plaintiff alleges that the dismissal "provided another cover up for the constitutional violations of [her] rights and professional dishonesty of judges." (Id. at 3) In her response to judicial defendants' motion to' dismiss, plaintiff asserts Chief Justice Steele violated the United States Constitution, 18 U.S.C. § 242 as an accessory after the fact pursuant to 18 U.S.C. § 3, and the Delaware Judges' Code of Judicial Conduct. (D.I. 29, at 29)

The law firms of Liguori Morris & Yiengst ("LMY") and Young Conaway Stargatt & Taylor, LLP ("Young Conaway"). In Case No. 06C-10-027 RBY, Gregory Morris ("Morris"), an attorney with LMY, was "substituted in violation" of Superior Court Rule 90(b) by attorney Monte T. Squire ("Squire"), an attorney with Young Conaway. (Id. at 4) Young Conaway is "owned" by the brother of Judge Stuart B. Young, the presiding judge. Judge Stuart B. Young is not a party in this case.

Squire filed a motion for judgment on the pleadings without providing plaintiff notice of the hearing. (Id.) The hearing either did not take place, or was held ex parte between the presiding judge and defense counsel. A decision was entered against plaintiff as a result of collusion between the judge and defense counsel, while excluding plaintiff from the judicial process. In her response to Young Conaway's motion to dismiss, plaintiff asserts that, during her third lawsuit, Young Conaway violated her civil rights pursuant to 18 U.S.C. § 241 and 18 U.S.C. § 3, as an accessory after the fact, and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 389, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and 42 U.S.C. § 1985(2).¹³ (D.I. 60, at 9, 16) In her response to LMY's motion to dismiss, plaintiff asserts that the basic charge is based upon the elements of felonies under 18 U.S.C. § 3 by attorney Morris as an accessory after the fact, and 18 U.S.C. §§ 241 and 242 for...