Littlejohn v. McCafferty
Littlejohn v. McCafferty
Opinion of the Court
ORDER
Barbara and Torianne Littlejohn appeal a district court judgment that dismissed their civil rights complaint filed under 42 U.S.C. §§ 1981, 1983, 1985 & 1986. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. RApp. P. 34(a).
The complaint herein named as defendants Cuyahoga County Court of Common Pleas Judge Bridgett McCafferty, Federal Bureau of Investigation (FBI) Employee “Riley (Doe),” “Caiola (Doe) WPD (JTTF),” ‘Wally (Doe) WPD (JTTF),” “Garewal (Doe) OSP,” United States Secret Service Employee “Halush (Doe),” United States Postal Inspector Gregory A. Duerr, Cuyahoga County Sheriffs Department Employee “Ron (Doe),” “Miller (Doe) # 260,” Cuyahoga County Sheriffs Detective “P. Sota # 326,” Cuyahoga County Sheriffs Detective Donald Cleland, Cuya-hoga County Assistant Prosecuting Attorney Daniel Kosarus, Cuyahoga County Prosecutor William D. Mason, the Cuya-hoga County Sheriff’s Department, and Cuyahoga County Sheriff Gerald McFaul. The Littlejohns appear to claim that: 1) their Fourth Amendment rights were violated because their residence was searched based on a warrant that lacked probable cause; 2) Barbara Littlejohn was “sexually fondled,” and that emotional distress otherwise was intentionally inflicted during the search; (3) the defendants violated § 1981 by denying them equal benefits of the law; and (4) the defendants violated §§ 1985 and 1986 by conspiring to violate their equal protection rights. The district court concluded that the complaint failed to state a claim upon which relief can be granted and dismissed the action pursuant to 28 U.S.C. § 1915(e). A timely notice of appeal was filed, this court denied appellants leave to proceed in forma pauperis on appeal, and the appellate filing fee was paid.
Upon de novo review, see McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), we affirm the judgment for the reasons stated by the district court in its memorandum of opinion and order dated September 30, 2002. The court correctly concluded that the defendant judge and prosecutors are entitled to immunity, see Stern v. Mascio, 262 F.3d 600, 607 (6th Cir. 2001); Cooper v. Parrish, 203 F.3d 937, 947 (6th Cir. 2000), and that the remaining defendants were not liable because they were not involved in, nor did they encourage, the challenged conduct. See Copeland v. Machulis, 57 F.3d 476, 481 (6th Cir. 1995). Moreover, the theory of respondeat superior cannot provide the
For the foregoing reasons, the district court’s judgment is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Barbara LITTLEJOHN Torianne Littlejohn v. Bridgett MCCAFFERTY
- Cited By
- 1 case
- Status
- Published