Hale v. Harney

786 F.2d 688, 4 Fed. R. Serv. 3d 643
Court of Appeals for the Fifth Circuit·Decided April 7, 1986·No. No. 85-1472·Published·Cited by 120 cases

Opinion

GEE, Circuit Judge:

This misbegotten attempt at a civil rights action has its origins in a state court decree, one that granted a divorce on grounds of cruel treatment, the bulk of the marital property, and custody of the parties’ three children — with substantial child support— to the wife of appellant Roñal D. Hale. While his appeal of these awards was pending, Dr. Hale, a physician, filed his complaint in federal court against his former wife, her lawyer, and the state judge who rendered the decree. Except for vague allegations of conspiracy to deprive Dr. Hale of constitutional rights, its sole factual allegations are:

(A) Defendant HARNEY presided over the divorce litigation which is the subject of this complaint. Defendant HARNEY is biased and prejudiced against males as a class, and plaintiff HALE in particular. Defendant HARNEY openly discussed the litigation while it was pending at cocktail parties and functions in a way which did not promote public confidence in the integrity of the judiciary and demonstrated her hostility towards plaintiff HALE as an individual and as a member of the class of males which he now represents.
(B) Defendant BROWN and HALE did conspire with each other and with defendant HARNEY, both tacitly and overtly, to deny plaintiff a fair trial, by intimidation of one of plaintiff’s witnesses, and to exploit the well-known bias and prejudice of defendant HARNEY against plaintiff, all of which worked to deny plaintiff of his property without due process of law and furthered the destruction of his parent-child relationship with his three minor children.
(C) Plaintiff was further intimidated by defendant HARNEY from exercising his right to a jury trial in the matter of child [690] custody and other issues properly presented to a jury under Texas law.1

On motion of the defendants, the trial court dismissed the action, assessing sanctions under Rule 11 against Dr. Hale’s attorney. Rule 11, Fed.R.Civ.P., provides, in pertinent part:

Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction.

Undaunted, Dr. Hale appeals on the merits, his attorney from the sanction imposed on him. Both appeals being frivolous, we affirm and impose further sanctions.

THE MERITS

Dr. Hale’s action against the state judge, Ms. Harney, is palpably frivolous. It is hornbook law, settled in our jurisprudence for over a century, that such a judge as she enjoys an absolute immunity from liability for damages for judicial acts performed within her jurisdiction. Randall v. Brigham, 74 U.S. (7 Wall.) 523, 19 L.Ed. 285 (1869). Dr. Hale’s complaint does not so much as allege that Judge Harney’s decree from which his claims of injury derive was beyond her jurisdiction. As to her, it was properly dismissed. See Turner v. Raynes, 611 F.2d 92 (5th Cir.1980), and authorities collected at 94-95.

Dr. Hale claims that Mr. Brown and the former Mrs. Hale conspired with Judge Harney to intimidate a witness. Private acts or conduct may engender liability under 42 U.S.C.A. § 1983 if the individual is a willing participant in joint action with the state or its agents. Earnest v. Lowentritt, 690 F.2d 1198 (5th Cir.1982); Dennis v. Sparks, 449 U.S. 24, 101 S.Ct. 183, 66 L.Ed.2d 185 (1980). The complaint here, however, fails to state any factual basis to support the conspiracy charge. Nowhere does Dr. Hale allege facts tending to show that Judge Harney agreed with the private conspirators. Sooner Products Co. v. McBride, 708 F.2d 510, 512 (10th Cir.1983). In § 1983 cases, “we consistently require the claimant to state specific facts, not merely conclusory allegations.” Morrison v. City of Baton Rouge, 761 F.2d 242, 244 (5th Cir.1985) (quoting Elliot v. Perez, 751 F.2d 1472, 1479 (5th Cir.1985)). “Mere conclusory allegations of conspiracy cannot, absent reference to material facts,” state a substantial claim of federal conspiracy under 42 U.S.C.A. § 1983. Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982). Moreover, as in Arsenaux, Dr. Hale chose to file nothing in response to two requests for a more definitive statement of the conspiracy. Record Vol. 1 at 37-39, 241-44. Thus, “[h]e elected to rely on an insufficient charge.” Arsenaux, 726 F.2d at 1024.

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Hale v. Harney, 786 F.2d 688, 4 Fed. R. Serv. 3d 643 (5th Cir. 1986).

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