West v. Robinson
West v. Robinson
Opinion of the Court
OPINION
Appearing pro se and in forma pauper-is, appellants Donald West, a federal prisoner, and his wife Susan West filed a lawsuit against United States district judge and appellee the Honorable Mary Lou Robinson. The Wests allege Judge Robinson slanderously defamed them and seek a damage award of $10,000,000. The trial court dismissed the lawsuit as frivolous. We will affirm.
Background
.' Donald West was convicted of aggravated bank robbery
The record does not indicate process was requested or that the Wests’ petition was served. On its own motion, the trial court reviewed the Wests’ petition. It signed a June 1, 20Í5 order finding the Wests’ claims “lack an arguable basis in law or in fact and have no realistic chance of ultimate success, particularly in light of the judicial immunity of Judge Robinson tó which such claims are subject.” The order concludes that the Wests’ suit was “a frivolous lawsuit for purposes of Tex. Civ. Prac. & Rem. Code § 14.003.” By its order, the trial court dismissed thé suit “for failure to state a cognizable cause of action” and denied all relief the Wests requested.
Analysis
Because the trial court’s order cites section 14.003 of the Texas Civil Practice and Remedies Code we begin by considering Chapter 14’s applicability. Chapter 14 applies to a -suit, not under the Family
Chapter 14 is the counterpart of Civil Practice and Remedies Code Chapter 13. See Lynch v. Jack in the Box, No. 03-06-00444-CV, 2007 WL 2274838, at *1-2, 2007 Tex.App. LEXIS 6349, at *4 (Tex.App.-Austin Aug. 9, 2007, no pet.) (mem.op.) (explaining “[p]rior to the enactment of chapter 14 in 1995, chapter 13 applied to lawsuits filed by both inmates and non-inmates .... Chapter 13 no longer applies to inmate litigation” (citations omitted)).
Dismissal is authorized under Chapters 13 and 14 on a finding the action is frivolous or malicious. Tex. Civ. PRAC. & Rem. Code Ann. § 13.001(a)(1) and § 14.003(a)(2) (West 2002). Under both chapters, a court may consider whether a suit has an arguable basis in law or in fact when making the determination whether the suit is frivolous or malicious. Id. at § 13.001(b)(2) and § 14.003(b)(2). The trial court’s order erroneously recited Chapter 14 rather than Chapter 13 as the basis for its determination the suit is frivolous. Given the historical and direct relationship between Chapters 13 and 14, and because there is effectively no difference in the two statutes’ descriptions of the court’s inquiry,
We turn then to the trial court’s determination that the Wests’ lawsuit is frivolous. Because dismissal occurred •without a hearing on factual issues, the only permissible dismissal ground for the trial court’s order was the suit had no arguable basis in law. Lynch, 2007 WL 2274838, at *2-3, 2007 Tex.App. LEXIS 6349, at *7 (citing Moore v. Collins, 897 S.W.2d 496, 499 (Tex.App.-Houston [1st Dist.] 1995, no writ)).
In Lynch, 2007 WL 2274838, at *3, 2007 Tex.App. LEXIS 6349, at *8-9, the-Austin court of appeals found the plaintiffs claims had no arguable basis in law because the face of the pleadings ■ demonstrated the claims were barred by limitations. We find the same reasoning applicable to the Wests’ claims. The trial court recognized the judicial immunity of Judge Robinson in its order dismissing - the Wests’ lawsuit. And in-her brief in this court Judge Robinson asserts her entitlement to absolute judicial immunity from their claims.
“It is well established that judges enjoy absolute immunity for judicial acts performed in judicial proceedings.” Mays v. Sudderth, 97 F.3d 107, 110 (5th Cir. 1996). “ ‘The doctrine of judicial immunity is founded upon the premise that a judge, in performing his or her judicial duties, should be free to act upon his' or her convictions without threat of suit for damages.’” Paluch v. Rombo, No. 11-3384, 453 Fed.Appx. 129, 132, 2011 WL 5926910, at *2, 2011 U.S.App. Lexis 23898, at *8 (3d Cir.Pa. 2011) (quoting Figueroa v. Blackburn, 208 F.3d 435, 440 (3d Cir. 2000)).
Absolute judicial immunity protects a judge from suit and not just an ultimate assessment of damages. Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam); James v. Underwood, 438 S.W.3d 704, 709 (Tex.App.-Houston [1st Dist.] 2014, no pet.). “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) (quotation marks and citation omitted); Dallas County v. Halsey, 87 S.W.3d 552, 554 (Tex. 2002) (quoting Stump for proposition); Ballard v. Wall, 413 F.3d 510, 515 (5th Cir. 2005) (“Judicial immunity is not over-eóme by allegations of bad faith or malice and ‘applies even when the judge is accused of acting maliciously and corruptly ’ ” (quoting Mireles, 502 U.S. at 11, 112 S.Ct. 286) (emphasis in Ballard)); Mitchell v. McBryde, 944 F.2d 229, 230 (5th Cir. 1991) (citing McAlester v. Brown, 469 F.2d 1280, 1282 (5th Cir. 1972)). Thus, motive for a judge’s complained-of actions is irrelevant in the judicial immunity determination. Mitchell, 944 F.2d at 230 (“The judge is absolutely -immune for all judicial acts not performed in clear absence of all jurisdiction, however erroneous the act and however evil the motive”); Goolsbee v. Peirce, 2015 U.S. Dist. LEXIS 45239, at *5 (W.D.Tex. Jan. 22, 2015) (same). Absolute judicial immunity is an affirmative defense. See Ball v. Neel, No. 12-03-00205-CV, 2004 WL 1475106, at *2-3, 2004 Tex.App. LEXIS 5973, at *7 (Tex.App.-Tyler June 30, 2004, no pet.) (mem.op.) (dicta); Larson v. Hunt, No. 01-00-01196-CV, 2002 WL 992410, at *3-4, 2002 Tex.App. LEXIS 3488, at *10 (Tex.App.-Houston [1st Dist.] May 16, 2002, no pet.) (not designated for publication) (same); cf. Paluch, 453 Fed.Appx. at 132, 2011 WL 5926910, at *2, 2011 U.S.App. Lexis 23898, at *8 (absolute defense).
In the context of judicial immunity, the term “jurisdiction” has a particular meaning. James, 438 S.W.3d at 712 (citing Bradt v. West, 892 S.W.2d 56, 67-68 (Tex-App.-Houston [1st Dist.] 1994, writ denied)). “Where a court has some subject matter jurisdiction, there is sufficient jurisdiction for immunity purposes;” Malina v. Gonzales, 994 F.2d 1121, 1125 (5th Cir. 1993) (citation omitted). A judge “merely act[ing] in excess of [her] authority” remains shielded by judicial immunity. Id. (citation omitted). Even “grave procedural errors do not deprive a judge of all jurisdiction.” Stump, 435 U.S. at 359, 98 S.Ct. 1099.
The Wests allege in their petition that judicial immunity has no application here because Judge Robinson “knew her conduct and actions could not be lawful in light of the information she possessed at the time of said violations and the information withheld in violation of law and the numerous requests made for the evidence, testing of evidence and requests for witnesses.” It remains that the Wests’ allegations are rooted in trial proceedings conducted by Judge Robinson in the exercise of her court’s jurisdiction. The Wests do not allege that Judge Robinson’s actions were non-judicial in nature (cf. Malina, 994 F.2d at 1123-24 (finding judge’s actions were not judicial in nature when he used a flashing red light on the dashboard of his vehicle to conduct a traffic stop of a fellow motorist who the judge believed was violating traffic laws)) or that she acted in the complete absence of all jurisdiction. See 18 U.S.C. § 3231 (“The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all 'offenses against the laws of the United States”); 18 U.S.C. § 2113 (bank robbery statute); United States v. Williams, No. 05-13145, 2006 WL 1746931, at *3, 185 Fed.Appx. 917, 920, 2006 U.S.App. LEXIS 16429, at *8 (11th Cir. June 27, 2006) (per curiam) (stating, concerning the jurisdiction of a United States district court, “courts have jurisdiction to
Conclusion
The Wests’ petition is frivolous on its face having no basis in law because the complaints alleged against Judge Robinson are subject to the bar of absolute judicial immunity. The trial court’s order of dismissal .is affirmed. Any additional relief requested by the Wests from this court is denied.
. 18U.S.C. § 2113.
. See United States v. West, 567 Fed.Appx. 240 (5th Cir. 2014) (per curiam) (affirming conviction).
. See Tex. Civ. Prac. & Rem. Code Ann. § 13.004 (West 2002) (Chapter 13 "does not apply to a claim governed by Chapter 14”).
. Civil Practice & Remedies Code section 13.001(b) states, in part, "In determining whether an action is frivolous or malicious, the court may consider whether:
(2) the claim has no arguable basis in law or in fact....”
Tex. Civ. Prac. & Rem. Code Ann. § 13.001(b) (West 2002) (italics ours). Section 14.003(b) reads the same, except the words "an action” are replaced with the words "a claim.” Tex. Civ. Prac. & Rem. Code Ann. § 14.003(b) (West 2002).
. Our denial of additional relief includes, but is not limited to, any relief requested by the documents the Wests filed on February 1, 3, and 11, 2016.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.