Adrian Smith v. Massachusetts Probate & Family Court – Suffolk Division; Judge Abbe Ross, in her official capacity; and Commonwealth of Massachusetts

CourtDistrict Court, D. Massachusetts
DecidedOctober 23, 2025
Docket1:25-cv-12924
StatusUnknown

This text of Adrian Smith v. Massachusetts Probate & Family Court – Suffolk Division; Judge Abbe Ross, in her official capacity; and Commonwealth of Massachusetts (Adrian Smith v. Massachusetts Probate & Family Court – Suffolk Division; Judge Abbe Ross, in her official capacity; and Commonwealth of Massachusetts) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adrian Smith v. Massachusetts Probate & Family Court – Suffolk Division; Judge Abbe Ross, in her official capacity; and Commonwealth of Massachusetts, (D. Mass. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

* ADRIAN SMITH * * Plaintiff, * * v. * * Civil Action No. 25-cv-12924-ADB * MASSACHUSETTS PROBATE & * FAMILY COURT – SUFFOLK * DIVISION; JUDGE ABBE ROSS, in her * official capacity; and COMMONWELATH * OF MASSACHUESTTS, *

Defendants.

MEMORANDUM AND ORDER

BURROUGHS, D.J.

Plaintiff Adrian Smith (“Plaintiff”) has sued the Suffolk Probate and Family Court, Judge Abbe Ross, a judge of the Suffolk Probate and Family Court, and the Commonwealth of Massachusetts (collectively, “Defendants”), [ECF No. 1], alleging that his due process and equal protection rights were violated during proceedings in the Suffolk Probate and Family Court.1 Because this Court lacks jurisdiction over Plaintiff’s claims, the Complaint is DISMISSED.

1 Plaintiff has also filed a motion for leave to proceed in forma pauperis, [ECF No. 2], which is ALLOWED. I. BACKGROUND On October 6, 2025, Plaintiff initiated this action against the Suffolk Probate and Family Court, “as an arm of the Commonwealth,” Judge Abbe Ross, a judge of that court, “in her official capacity,” and the Commonwealth of Massachusetts. [ECF No. 1 (“Complaint” or “Compl.”)].2 The Complaint asserts claims under 42 U.S.C. § 1983 for purported violations of

the U.S. Constitution’s Fourteenth Amendment and “corresponding provisions under the Massachusetts Civil Rights Act,” Mass. Gen. Laws ch. 12, §§ 11H-11I, as well as Rule 2.11 of the Massachusetts Code of Judicial Conduct, premised on certain decisions made by Judge Ross in child custody proceedings between Plaintiff and the mother of his child, including the judge’s refusal to hold the mother in contempt, her decision to hold Plaintiff in contempt on March 28, 2024 and September 24, 2025, and her denial of several motions filed by Plaintiff, including a motion for recusal. [Compl. ¶¶ 2–10]. Plaintiff alleges that he “has consistently been denied the right to present critical evidence (police reports, communication logs, and affidavits), violating due process.” [Id. ¶ 11]. He requests from this Court a “declaration that Defendants’ conduct

violated Plaintiff’s rights under the Fourteenth Amendment and Massachusetts Civil Rights Act,” an “injunction prohibiting enforcement of the March 28, 2024 and September 24, 2025 contempt orders,” an “order requiring reassignment of Plaintiff’s case to a different judge or venue,” and “[a]ttorneys’ fees and costs under 42 U.S.C. § 1988, if applicable.” [Id. at 3].

2 Plaintiff filed a similar action against Judge Ross on July 21, 2025, which this Court dismissed without prejudice on July 25, 2025. Mem. & Order, ECF No. 4, Smith v. Ross, No. 25-cv-12045 (D. Mass. July 25, 2025). 2 II. LEGAL STANDARD Because Plaintiff seeks to proceed in forma pauperis, his Complaint is subject to screening under 28 U.S.C. § 1915(e)(2). This statute authorizes federal courts to dismiss actions in which a plaintiff seeks to proceed without prepayment of fees if the action is malicious,

frivolous, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2); see also Denton v. Hernandez, 504 U.S. 25, 32–33 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989). Further, in addition to the statutory screening requirements under § 1915, the Court has an independent obligation to inquire, sua sponte, into its subject matter jurisdiction. See McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004); Fed. R. Civ. P. 12(h)(3) (“If the court determines . . . it lacks subject-matter jurisdiction, the court must dismiss the action.”); see also In re Recticel Foam Corp., 859 F.2d 1000, 1002 (1st Cir.1988) (“It is too elementary to warrant citation of authority that a court has an obligation to inquire sua sponte into its subject matter jurisdiction, and to proceed no further if such jurisdiction is wanting.”).

For purposes of preliminary screening, this Court liberally construes Plaintiff’s pleadings because he is proceeding pro se. See Hughes v. Rowe, 449 U.S. 5, 9 (1980); Instituto de Educacion Universal Corp. v. U.S. Dep’t of Educ., 209 F.3d 18, 23 (1st Cir. 2000). Nevertheless, even under a liberal construction, Plaintiff’s suit must be dismissed for the reasons discussed below. III. DISCUSSION To the extent Plaintiff seeks relief from final rulings made in the course of his custody proceedings, this Court lacks jurisdiction to entertain Plaintiff’s Complaint pursuant to the

3 Rooker Feldman doctrine.3 That doctrine deprives lower federal courts of jurisdiction over “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Efreom v. McKee, 46 F.4th 9, 17 (1st Cir. 2022) (quoting Exxon

Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005)). Rather, “the proper forum for challenging an unlawful state court ruling is the United States Supreme Court, on appeal of the highest state court’s final judgment.” Davison v. Gov’t of P.R.–P.R. Firefighters Corps., 471 F.3d 220, 223 (1st Cir. 2006); see also 28 U.S.C. § 1257 (“Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari . . . .”). Plaintiff’s requests for a “declaration that Defendants’ conduct violated Plaintiff’s rights under the Fourteenth Amendment and Massachusetts Civil Rights Act” and for an “injunction prohibiting enforcement” of the Probate and Family Court’s contempt orders are, at their core, attempts to challenge the validity of the state court’s contempt orders and, in essence, seek

review and rejection of those orders. Thus, the Rooker-Feldman doctrine is applicable and again deprives this Court of jurisdiction. See Walton v. Claybridge Homeowners Ass’n, Inc., 2011 WL 3331944, at *1 (7th Cir. Aug. 3, 2011) (slip copy) (plaintiff’s suit against state court judge and others barred by Rooker–Feldman where plaintiff asked for injunctive relief from rulings of state court judge).

3 The term “Rooker-Feldman doctrine” is shorthand reference to the Supreme Court’s interpretation of 28 U.S.C. § 1257 in Rooker v.

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Adrian Smith v. Massachusetts Probate & Family Court – Suffolk Division; Judge Abbe Ross, in her official capacity; and Commonwealth of Massachusetts, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adrian-smith-v-massachusetts-probate-family-court-suffolk-division-mad-2025.