Amiri v. United States of America

• Court: District Court, District of Columbia
• Decided: July 31, 2012
• Docket: Civil Action No. 2012-1262
• Status: Published

Opinion

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FILED JUL 3 1 2012 UNITED STATES DISTRICT COURT Clerk, U.S. Drstrict & Bankruptcy FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia ABDUL WAKIL AMIRI,

Plaintiff,

v. Civil Action No. 12 1262 UNITED STATES OF AMERICA, et al.,

Defendants.

MEMORANDUM OPINION

This matter is before the Court on plaintiff's application to proceed in forma pauperis and

his prose complaint. For the reasons stated below, the Court will grant the application and

dismiss the complaint.

Plaintiff alleges that he was evicted from his apartment, and he purports to bring this tort

action for damages against the Superior Court judge who presided over the action brought by his

former landlord in the Civil Division, Landlord and Tenant Branch, ofthe Superior Court of the

District of Columbia. The complaint will be dismissed.

The judge enjoys absolute immunity from liability for damages for acts

committed within his judicial jurisdiction. See Mirales v. Waco, 502 U.S. 9 (1991); Forrester v.

White, 484 U.S. 219 (1988); Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872). That

jurisdiction includes civil matters, see D.C. Code§ 11-921(a), including actions for possession of

real property, see D.C. Code§ 16-1501 ("When a person detains possession of real property

without right, ... the Superior Court ... , on complaint under oath verified by the person

aggrieved by the detention, or by his agent or attorney having knowledge of the facts, may issue

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a summons ... to the party complained of to appear and show cause why judgment should not be

given against him for the restitution of possession").

An Order is issued separately.

DATE: