Clarissa Gorrie-President v. A.D., A Minor; Ali Forney Center; New York City Family Court Judge Amanda White; Claritza Garcia, ACS New York City Supervisor

CourtDistrict Court, S.D. New York
DecidedOctober 24, 2025
Docket1:25-cv-05358
StatusUnknown

This text of Clarissa Gorrie-President v. A.D., A Minor; Ali Forney Center; New York City Family Court Judge Amanda White; Claritza Garcia, ACS New York City Supervisor (Clarissa Gorrie-President v. A.D., A Minor; Ali Forney Center; New York City Family Court Judge Amanda White; Claritza Garcia, ACS New York City Supervisor) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clarissa Gorrie-President v. A.D., A Minor; Ali Forney Center; New York City Family Court Judge Amanda White; Claritza Garcia, ACS New York City Supervisor, (S.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLARISSA GORRIE-PRESIDENT, Plaintiff, -against- 25-CV-5358 (LLS) A.D., A MINOR; ALI FORNEY CENTER; ORDER OF DISMISSAL NEW YORK CITY FAMILY COURT JUDGE WITH LEAVE TO REPLEAD AMANDA WHITE; CLARITZA GARCIA, ACS NEW YORK CITY SUPERVISOR, Defendants. LOUIS L. STANTON, United States District Judge: Plaintiff, who is appearing pro se, invokes the court’s federal question jurisdiction, alleging that Defendants violated her parental rights.1 By order dated September 16, 2025, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. For the reasons set forth below, the Court dismisses the complaint, but grants Plaintiff 30 days’ leave to replead her claims in an amended complaint. STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3).

1 Plaintiff submitted the complaint in this action without a signature. By order dated July 2, 2025, the Chief Judge Laura Taylor Swain directed Plaintiff to submit an original signature, which she did on August 7, 2025. (ECF 5.) While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits –

to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. Rule 8 requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of

action,” which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible – not merely possible – that the pleader is entitled to relief. Id. BACKGROUND Plaintiff, who is a resident of Brockton, Massachusetts, invokes the court’s federal question jurisdiction, alleging that Defendants violated her “parental rights.” (ECF 1, at 2.) Plaintiff sues A.D., who appears to be her minor son;2 New York City Family Court Judge

2 Rule 5.2(a)(3) of the Federal Rules of Civil Procedure requires that court submissions that refer to a minor child do so only by using the child’s name’s initials, not the child’s full name. Fed. R. Civ. P. 5.2(a)(3). In her complaint and IFP application, Plaintiff reveals her minor son’s full name. In abundance of caution, the Court has directed the Clerk of Court to change Amanda White; the Ali Forney Center, which is a shelter for LGBTQ+ youth; and New York City Administration for Children’s Services (“ACS”) social worker Claritza Garcia. The following allegations are drawn from the complaint.3 On June 23, 2025, Plaintiff filed “a writ,” presumably in the New York City Family Court, requesting that her 16-year-old child be returned to Massachusetts. (Id. at 5.) Defendants “were made aware of [her] son’s

mental health conditions and missing person status.” (Id.) Plaintiff alleges that Garcia “reported [her] son was trafficked to nyc.” (Id.) The Ali Forney Center “contacted Brockton [Massachusetts] police and requested legal advice on where to send [A.D.].” (Id.) On June 25, 2025, Plaintiff drove to New York for a court hearing. Garcia “signed a court screening . . . with no supporting cause for [A.D.] to stay in New York.” (Id.) At the hearing, A.D. “denied having mental health issues” and said he “just wants to stay.” (Id.) Judge White dismissed Plaintiff’s writ and “referred back to jurisdiction.” (Id. at 6.) Plaintiff seeks an order directing that her child “be returned to Massachusetts to legal guardian.” (Id.)

DISCUSSION A. Claims against Judge White Judges are absolutely immune from suit for damages for any actions taken within the scope of their judicial responsibilities. Mireles v. Waco, 502 U.S. 9, 11 (1991). Generally, “acts arising out of, or related to, individual cases before the judge are considered judicial in nature.” Bliven v. Hunt, 579 F.3d 204, 210 (2d Cir. 2009). “Even allegations of bad faith or malice cannot

references to Plaintiff’s son on the docket to use his initials only and to restrict electronic access to those submissions to court employees only. Plaintiff should ensure that any further submissions to the court refer to her minor son only by his initials. 3 The Court quotes from the complaint verbatim. All spelling, grammar, and punctuation are as in the original unless noted otherwise. overcome judicial immunity.” Id. (citations omitted). This is because, “[w]ithout insulation from liability, judges would be subject to harassment and intimidation . . . .” Young v. Selsky, 41 F.3d 47, 51 (2d Cir. 1994). Judicial immunity does not apply when a judge takes action “outside” his or her judicial capacity, or when a judge takes action that, although judicial in nature, is taken “in absence of

jurisdiction.” Mireles, 502 U.S. at 9-10; see also Bliven, 579 F.3d at 209-10 (describing actions that are judicial in nature). But “the scope of [a] judge’s jurisdiction must be construed broadly where the issue is the immunity of the judge.” Stump v. Sparkman, 435 U.S. 349, 356 (1978). Moreover, 42 U.S.C. § 1983, as amended in 1996, provides that, “in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.” 42 U.S.C. § 1983. Where an appeal is available, declaratory relief is available. See, e.g., Davis v. Campbell, No.

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Clarissa Gorrie-President v. A.D., A Minor; Ali Forney Center; New York City Family Court Judge Amanda White; Claritza Garcia, ACS New York City Supervisor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarissa-gorrie-president-v-ad-a-minor-ali-forney-center-new-york-nysd-2025.