Sindram v. Monroe
Opinion
FILED JUN 16 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District and Bankruptcy Courts MICHAEL SINDRAM, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 09 1099 DERRICK MONROE, ) ) Defendants. )
MEMORANDUM OPINION
This matter comes before the court on review of plaintiff s application to proceed in
forma pauperis, his request for leave to file the complaint, and the pro se civil complaint itself.
The court will grant leave to file, grant the application to proceed in forma pauperis, and dismiss
the complaint.
Plaintiff alleges that the defendant, described as an individual "with oversight over civil
division filings in [the] Superior Court [of the] District of Columbia," has refused to "accept [or]
permit [plaintiffs] filings" in a civil action now pending in that court, in order "to fetter
[plaintiffs] access to courts and justice." Compi. ~ 4. For these allegedly unconstitutional acts,
plaintiff demands injunctive relief and unspecified monetary damages. See id. at 3 (prayer for
relief).
In general, judges are immune from suit for money damages. See, e.g., Mireles v. Waco,
502 U.S. 9(1991); Cleavinger v. Saxner,
474 U.S. 193(1985); Butz v. Economou,
438 U.S. 478(1978); Pierson v. Ray,
386 U.S. 547(1967); see Moore v. Motz,
437 F. Supp. 2d 88, 91(D.D.C.
2006). "The common law immunity of judges is fully applicable in suits under 42 U.S.c. § 1983
alleging deprivations of constitutional rights." Clark v. Taylor,
627 F.2d 284,287(D.C. Cir.
3 1980) (per curiam) (citing Pierson v. Ray,
386 U.S. at 553-55). "Case law has recognized that
the protection of judicial immunity is not confined only to judges but may extend to other
officers of government whose duties are related to the judicial process." Nwachukwu v. Rooney,
362 F. Supp. 2d 183,192(D.D.C. 2005) (citations omitted). In this Circuit, absolute judicial
immunity extends to clerks of the court. Sindram v. Suda,
986 F.2d 1459, 1460-61(D.C. Cir.
1993) (per curiam). "[I]mmunity applies to all acts of auxiliary court personnel that are 'basic
and integral part[s] ofthe judicial function,' unless those acts are done 'in the clear absence of all
jurisdiction.'" !d. at 1461 (quoting Mullis v. United States Bankruptcy Court for the Dist. of
Nevada,
828 F.2d 1385, 1390(9th Cir. 1987)). It appears that a Superior Court clerk's decisions
to accept or reject a litigant's filings are basic and integral to the court's function and such
decisions fall within the defendant's jurisdiction. The Court will dismiss the complaint in its
entirety because judicial immunity protects the defendant from suit. See Hurt v. Clerks, Superior
Court ofDistrict of Columbia, No. 06-5308,
2006 WL 3835759, at *1 (D.C. Cir. Dec. 22, 2006)
(per curiam) (affirming the dismissal of an action against judicial clerks to whom absolute
judicial immunity is extended); McAllister v. District of Columbia,
653 A.2d 849,851(D.C.
1995) (holding that "court clerks, like judges, should be immune from damage suits for
performing tasks that are integrally related to the judicial process.").
An Order consistent with this Memorandum Opinion is issued separately.
United Stat~ Date:
Reference
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