Ysais v. New Mexico, Judicial Standard Com'n

• Decision Date: 31 March 2009
• Docket Number: No. Civ. 08-0449 JB/DJS.,Civ. 08-0449 JB/DJS.
• Citation: 616 F.Supp.2d 1176
• Parties: Christopher Ynosencio YSAIS, Plaintiff, v. State of NEW MEXICO, JUDICIAL STANDARD COMMISSION, as an Employee of the State of New Mexico, and as an individual, James A. Noel, in his official capacity as Executive Director of Judicial Standard Commission, and Employee of the State of New Mexico, and as an individual, David S. Smoak, in his official capacity as Chairman of the Judicial Standard Commission, and Employee of the State of New Mexico, and as an individual, Randall D. Roybal, in his official capacity as Deputy Director/ Chief of Staff Attorney of the Judicial Standard Commission, and Employee of the State of New Mexico, Bill Richardson, in his official capacity as Governor, and Employee of State of New Mexico, and as an individual, The Disciplinary Board, as an Employee of the State of New Mexico, and as an individual, Virginia L. Ferrara, as Chief Disciplinary Counsel of the Disciplinary Board, and Employee of the State of New Mexico, and as an individual, Second Judicial District Court, and as an individual, Deborah Davis Walker, in her official capacity as an Employee of the Second Judicial District Court, and Employee of State of New Mexico, and as an individual, William F. Lang, in his official capacity as an Employee of the Second Judicial District Court, and Employee of State of New Mexico, and as an individual, Thirteenth Judicial District Court, and as an individual, Nancy Colella, in her official capacity as an Employee of Thirteenth Judicial District Court, and Employee of the State of New Mexico, and as an individual, State of New Mexico Court of Appeals, and as an individual, A. Joseph Alarid, in his official capacity as an Employee of the Court of Appeals, and Employee of State of New Mexico, and as an individual, Cynthia A. Fry, in her official capacity as an Employee of the Court of Appeals, and Employee of State of New Mexico, and as an individual, Celia Foy Castillo, in her official capacity as an Employee of the Court of Appeals, and Employee of State of New Mexico, and as an individual, Defendants.
• Court: U.S. District Court — District of New Mexico

616 F.Supp.2d 1176

Christopher Ynosencio YSAIS, Plaintiff, v. State of NEW MEXICO, JUDICIAL STANDARD COMMISSION, as an Employee of the State of New Mexico, and as an individual, James A. Noel, in his official capacity as Executive Director of Judicial Standard Commission, and Employee of the State of New Mexico, and as an individual, David S. Smoak, in his official capacity as Chairman of the Judicial Standard Commission, and Employee of the State of New Mexico, and as an individual, Randall D. Roybal, in his official capacity as Deputy Director/ Chief of Staff Attorney of the Judicial Standard Commission, and Employee of the State of New Mexico, Bill Richardson, in his official capacity as Governor, and Employee of State of New Mexico, and as an individual, The Disciplinary Board, as an Employee of the State of New Mexico, and as an individual, Virginia L. Ferrara, as Chief Disciplinary Counsel of the Disciplinary Board, and Employee of the State of New Mexico, and as an individual, Second Judicial District Court, and as an individual, Deborah Davis Walker, in her official capacity as an Employee of the Second Judicial District Court, and Employee of State of New Mexico, and as an individual, William F. Lang, in his official capacity as an Employee of the Second Judicial District Court, and Employee of State of New Mexico, and as an individual, Thirteenth Judicial District Court, and as an individual, Nancy Colella, in her official capacity as an Employee of Thirteenth Judicial District Court, and Employee of the State of New Mexico, and as an individual, State of New Mexico Court of Appeals, and as an individual, A. Joseph Alarid, in his official capacity as an Employee of the Court of Appeals, and Employee of State of New Mexico, and as an individual, Cynthia A. Fry, in her official capacity as an Employee of the Court of Appeals, and Employee of State of New Mexico, and as an individual, Celia Foy Castillo, in her official capacity as an Employee of the Court of Appeals, and Employee of State of New Mexico, and as an individual, Defendants.

No. Civ. 08-0449 JB/DJS.

United States District Court, D. New Mexico.

March 31, 2009.

Christopher Ysais, Rio Rancho, NM, Pro Se Plaintiff.

Erika E. Anderson, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants State of New Mexico, Judicial Standard Commission, James A. Noel, Executive Director of Judicial Standard Commission, David S. Smoak, Chairman of the Judicial Standard Commission, Randall D. Roybal, Deputy Director/Chief of Staff Attorney of the Judicial Standard Commission, Governor Bill Richardson, The Disciplinary Board, Virginia L. Ferrara, Chief Disciplinary Counsel of the Disciplinary Board, Second Judicial District Court, Judge Deborah Davis Walker, Judge William F. Lang, Thirteenth Judicial District Court, Nancy Colella, Hearing Officer Thirteenth Judicial District Court, State of New Mexico Court of Appeals, Judge A. Joseph Alarid, Judge Cynthia A. Fry, and Judge Celia Foy Castillo.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the Judicial Standard Commission's, James A. Noel's, David S. Smoak's, Randall D. Roybal's, the Disciplinary Board's, Virginia L. Ferrara's, the Second Judicial District Court's, Judge Deborah Davis Walker's, Judge William F. Lang's, the Thirteenth Judicial District Court's, Nancy Colella's, the New Mexico Court of Appeals', Judge A. Joseph Alarid's, Judge Cynthia A. Fry's, and Judge Celia Foy Castillo's Motion to Dismiss, or in the Alternative, for Summary Judgment, filed December 31, 2008 (Doc. 167)("Motion to Dismiss") on the basis of absence of subject-matter jurisdiction because of Eleventh-Amendment immunity and for failure to state a claim on which relief may be granted; (ii) on Plaintiff Christopher Ynosencio Ysais' Motion to Strike, Sanction, and Disbarment for Document 167, filed January 5, 2009 (Doc. 174); and (iii) on Bill Richardson's Motion to Dismiss or for Summary Judgment, filed December 2, 2008 (Doc. 152), for failure to timely serve the complaint. The principal issues are: (i) whether the Judicial Standard Commission, James A. Noel, David S. Smoak, Randall D. Roybal, the Disciplinary Board Virginia L. Ferrara, the Second Judicial District Court, Judge Deborah Davis Walker, Judge William F. Lang, the Thirteenth Judicial District Court, Nancy Colella, the New Mexico Court of Appeals, Judge A. Joseph Alarid, Judge Cynthia A. Fry, and Judge Celia Foy Castillo ("the State Defendants") are immune from suit pursuant to the Eleventh Amendment of the United States Constitution and/or pursuant to the doctrines of absolute judicial immunity, quasi-judicial immunity, and/or prosecutorial immunity; (ii) whether the Court should strike the Defendants' motion to dismiss; and (iii) whether Plaintiff Christopher Ysais properly and timely served Bill Richardson. Because there is no good reason to strike the motion to dismiss and the State Defendants have established their right to Eleventh-Amendment, absolute, quasi-judicial, and/or prosecutorial immunity from suit such that Ysais has failed to state a cognizable claim against any State Defendant, the Court will deny the motion to strike and dismiss this Complaint against the State Defendants. Further, because Ysais has not properly served Richardson, the Court will dismiss Ysais' Complaint against him.

FACTUAL AND PROCEDURAL BACKGROUND

1. Other Cases.

This case is the third time that Ysais has attempted to assert the Court's subject-matter and personal jurisdiction over individuals and entities directly or even tangentially involved with divorce, child-custody, and state criminal proceedings for alleged child abuse involving Ysais, his former wife, and their son in the New Mexico state courts. In Ysais v. Richardson, No. Civ. 07-0287 JB/RLP, Ysais sued over forty state and private entities and individuals, including Richardson and the Second Judicial District Court, for alleged violation of Ysais' civil rights under 42 U.S.C. §§ 1983 and 1985; for negligence, negligent supervision, negligent training, outrageous conduct, malicious prosecution, defamation, libel, slander, publication of facts placing Ysais in a false light; and for wrongful institution of legal proceedings. See Ysais v. Richardson, No. Civ. 07-0287 JB/RLP, Memorandum Opinion and Order at 3, filed July 9, 2008 (Doc. 356). The Court dismissed Ysais' claims against Richardson; the Children, Youth and Family Division of the State of New Mexico; the Second Judicial District Court; the Second Judicial District Court Family Clinic Division; the University of New Mexico Hospital; the Thirteenth Judicial District Attorney's Office; and several individual state employees acting in their official capacities because those entities and their employees were "immune from suit and, therefore, Plaintiff Christopher Ysais cannot state a plausible claim for relief against them." Id. at 2. The Court dismissed claims against other individuals on the basis of quasi-judicial immunity. See Ysais v. Richardson, No. Civ. 07-0287 JB/RLP, Memorandum Opinion and Order at 2, filed August 7, 2008 (Doc. 395). Eventually, the Court dismissed all claims against all Defendants. See Ysais v. Richardson, No. Civ. 07-0287 JB/RLP, 2008 WL 2230720, *3 (D.N.M. March 24, 2008)(dismissing Ysais' claims brought under 42 U.S.C. § 1985 for failure to state a claim because Ysais failed to allege a "class-based or racial discriminatory animus," and dismissing his claims for conspiracy against three defendants because his complaint "presents no facts showing an agreement and concerted action among [the Defendants]"); Ysais v. Richardson, No. Civ. 07-0287 JB/RLP, Memorandum Opinion and Order at 3, 2009 WL 1311004, filed March 27, 2009 (Doc. 647)(dismissing complaint against Ysais' former wife).

On May 5, 2008, the same day Ysais filed the Complaint in this case, he improperly attempted to "remove his divorce proceeding from state court to federal court on the grounds that he is not receiving a fair hearing in state court." Ysais v. Ysais, No. Civ. 08-0448 MV/RHS, Memorandum Opinion and Order at 1, filed August 28, 2008 (Doc. 13). The Court sua sponte remanded the divorce proceedings to state court because it does not have original subject-matter jurisdiction over suits involving domestic relations. See id. at 2-3.

Although Ysais has filed forty-nine motions that were still pending at the time the State Defendants filed their motion to dismiss, and the State Defendants filed six motions before filing their motion to dismiss that also are still pending, because the State Defendants have raised in their motion to dismiss the issue of the Court's subject-matter jurisdiction over certain claims and have also raised issues of absolute immunity from suit, the Court must resolve these issues before making substantive rulings on the previously filed motions. See Robbins v. Oklahoma, 519 F.3d 1242, 1249 (10th Cir.2008)(noting "the special interest in resolving the affirmative defense of qualified immunity at the earliest possible stage of a litigation"); Harris v. Owens, 264 F.3d 1282, 1288 (10th Cir.2001)(holding that, "[o]nce effectively raised, the Eleventh Amendment becomes a limitation on [federal-court] subject-matter jurisdiction, and we may not then assume `hypothetical jurisdiction' to reject a plaintiff's claim on the merits"); Workman v. Jordan, 958 F.2d 332, 336 (10th Cir.1992)(noting that, because "qualified immunity is not only a defense to liability but also entitlement to immunity from suit and other demands of litigation, ... [d]iscovery should not be allowed until the court resolves the threshold question" regarding qualified immunity). Cf. Sinochem Int'l Co. Ltd. v. Malaysia Int'l Shipping Corp., 549 U.S. 422, 425, 431, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007)(holding that "a court need not resolve whether it has authority to adjudicate the cause (subject-matter...