Fraccola v. Grow
Opinion of the Court
SUMMARY ORDER
Albert G. Fraccola, Jr., pro se, appeals from the District Court’s dismissal with prejudice of his federal and state law claims against former New York Supreme Court Justice John W. Grow. Fraccola alleged that Justice Grow violated his rights by so-ordering a stipulated settlement that resolved a business dispute between Frac-cola and Fraccola’s ex-wife. Fraccola sought damages, injunctive relief, and declaratory relief arising out of Justice Crow’s so-ordering of the settlement. We assume the parties’ familiarity with the facts, prior proceedings, and issues on appeal, to which we refer only as necessary to explain our decision to vacate and remand.
Upon review, we conclude that the District Court properly dismissed Fraccola’s claims under the Rooker-Feldman doctrine.
The Rooker-Feldman doctrine precludes district court review as a matter of subject matter jurisdiction. Mitchell v. Fishbein, 377 F.3d 157, 165 (2d Cir. 2004). When a court lacks subject matter jurisdiction, it lacks the power to dismiss with prejudice, as the District Court did here. Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999). For that reason, we vacate the District Court’s dismissal with prejudice and remand to permit the court to dismiss without prejudice.
We have considered all of Fraccola’s arguments and conclude they are without merit. Accordingly, we VACATE the ju4gment of the District Court and REMAND
. We interpret the District Court's memorandum decision and order dismissing Fraccola’s claims as resting on the Rooker-Feldman doctrine and in the alternative on judicial immunity grounds. Because the Rooker-Feldman doctrine implicates the subject matter jurisdiction of the District Court, see Mitchell v. Fishbein, 377 F.3d 157, 165 (2d Cir. 2004), the doctrine's application in this case should have been analyzed first and is dispositive.
Reference
- Full Case Name
- Albert G. FRACCOLA, Jr., Individually and as 50% Shareholder, Officer and Director of 1st Choice Realty, Inc. v. John W. GROW, in his Individual and Official Capacity, as then New York State Supreme Court Justice
- Cited By
- 7 cases
- Status
- Published