Hussain v. Lewis

181 F. Supp. 3d 96, 2016 U.S. Dist. LEXIS 51879, 2016 WL 1573443
CourtDistrict Court, District of Columbia
DecidedApril 19, 2016
DocketCivil Action No. 2011-0570
StatusPublished

This text of 181 F. Supp. 3d 96 (Hussain v. Lewis) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hussain v. Lewis, 181 F. Supp. 3d 96, 2016 U.S. Dist. LEXIS 51879, 2016 WL 1573443 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

JOHN D. BATES, United States District Judge

After getting into a fee dispute with his former lawyer, Mohammed Hussain filed a petition with the Attorney-Client Arbitration Board (ACAB) of the District of Columbia Bar, asking it to resolve the dispute through arbitration. .But when ACAB learned that Hussain's former lawyer had filed a lawsuit regarding the fee dispute in Maryland state court, it refused to proceed with the. arbitration. In Hussain’s view, ACAB’s refusal to conduct the arbitration amounted, to a deprivation of property without due process, so he filed this lawsuit under 42 U.S.C. § 1983 against ACAB’s .manager, the Bar, and his former lawyer. The Bar and ACAB’s manager, however, have absolute quasi-judicial immunity with respect to their conduct. Hussain is simply mistaken, moreover, in thinking, that he had any property right to arbitration of the dispute, and in the absence of any property right, his claims against all three defendants crumble. The Court will therefore dismiss his case.

BACKGROUND

As alleged in Hussain’s complaint, the key facts are these. In 2004 Hussain re *98 tained lawyer Dawn Martin to represent him in connection with certain employment discrimination claims. Compl. [ECF No. 1] ¶ 11. In 2010 Hussain and Martin began to dispute the amount of fees Martin was owed. Id. ¶ 12. On December 23, 2010, Hussain filed an arbitration petition with ACAB, an arbitration body operated by the District of Columbia Bar, which is itself “an official arm” of the District of Columbia Court of Appeals (and thus a government actor). Id. ¶¶ 3, 6, 10, 13. On Januaxy 3, 2011, Martin filed a lawsuit against Hussain in Maryland state court about the fee dispute. Id. ¶ 14. Two days later, Hussain’s new lawyer spoke to an ACAB representative, who informed him that in light of the Maryland action, ACAB would not proceed with Hussain’s case; ACAB’s policy, she said, was not to arbitrate until a pending lawsuit about a fee dispute in another jurisdiction was either dismissed or stayed. Id. ¶¶ 17-19. ACAB Manager Kathleen Lewis confirmed in early February 2011 that ACAB would not proceed with arbitration unless the Maryland action was dismissed or stayed. Id. ¶ 20.

In March 2011 Hussain filed this lawsuit against the District of Columbia Bar, Lewis, and Martin. His complaint contains two counts. The first contends that by refusing to proceed with the arbitration process, Lewis and the Bar (collectively, the Bar) deprived him without due process of a property right protected by the Fifth Amendment, and hence are liable under 42 U.S.C. § 1983. Id. ¶¶ 23-33. And the second contends that Martin engaged in a conspiracy with the Bar to effect this unlawful deprivation, in furtherance of which Martin continued to pursue the Maryland litigation. Id. ¶¶ 34-38. Hussain’s complaint seeks declaratory and injunctive relief, $200,000 in damages from each defendant, and attorney’s fees. Id. at 10-11 (“Relief’).

In March 2012 the Court granted a motion by the Bar to stay this case “until such time that the ACAB has had the opportunity to either arbitrate plaintiffs claims or decide that arbitration is not proper.” Hussain v. Lewis, 848 F.Supp.2d 1, 3 (D.D.C.2012). ACAB awaited the resolution of the Maryland lawsuit, which was neither stayed nor dismissed, but instead went to trial. In August 2014 the Maryland jury concluded that Hussain had breached his contract with Martin and owed her roughly $26,000, plus interest. Hussain did not appeal that judgment, which became final in November 2014. Hussain then renewed his request that ACAB arbitrate the dispute.

On June 4, 2015, a panel of ACAB arbitrators issued a decision dismissing Hussain’s petition. The panel concluded that “the dispute does not meet the requirements of ACAB Rule 3(d) and is further barred by ACAB Rule 4(b).” Ex. A to Joint Status Report of June 8, 2015 [ECF No. 64-1]. ACAB Rule 3(d) provides that, to be eligible for ACAB arbitration, “[t]he dispute must ‘arise’ in the District of Columbia.” And ACAB Rule 4(b) provides that ACAB will not arbitrate fee disputes that “have previously been determined by a court order, rule or decision.” While the ACAB arbitrators did not explain their reasoning, presumably they accepted Martin’s longstanding view that the dispute arose in Maryland (Hussain’s state of residency) and also concluded that the Maryland judgment had already resolved the dispute.

Now that both the Maryland litigation and the ACAB process are complete, the Bar and Martin have renewed and supplemented their motions seeking dismissal or summary judgment.

DISCUSSION

The Bar has offered a host of reasons to dismiss Hussain’s ease pursuant to Feder *99 al Rule of Civil Procedure 12(b)(6), many of which seem sound. For the sake of efficiency, however, the Court will rely on only two of those grounds, which together dispose of both of Hussain’s claims with respect to all defendants. First, the Bar has absolute immunity as to its conduct in question. And second, Hussain has failed to state claims upon which relief can be granted because he had no property right to arbitration before ACAB. (Because the Bar’s arguments provide sufficient reason to dismiss this case in its entirety, the Court need not examine Martin’s separate arguments.)

A. The Bar Has Absolute Immunity

“Courts have extended absolute immunity to a wide range of persons playing a role in the judicial process.” Wagshal v. Foster, 28 F.3d 1249, 1252 (D.C.Cir.1994). In Wagshal, the D.C. Circuit held that “absolute quasi-judicial immunity extends to mediators and case evaluators in the [D.C.] Superior Court’s ADR process” for actions “taken within the scope of [their] official duties.” Id. at 1254. The Bar presents a clear and well-developed argument that Wagshal’s logic extends to ACAB, and that the Bar is therefore entitled to absolute quasi-judicial immunity with respect to ACAB’s handling of Hus-sain’s arbitration petition. Lewis & D.C. Bar’s Am. Mot. to Dismiss [ECF No. 14] at 28-31.

Hussain’s opposition responds with little more than a footnote and engages with none of the precedent the Bar cites. Pl.’s Opp’n [ECF No. 21] at 5 & n.1. Hussain offers a single reason that the Bar lacks quasi-judicial immunity: because immunity is available only for quasi-judicial “action,” and ACAB’s “decision not to do anything” with his arbitration request does not constitute “action.” Id. This is nonsense. A court’s decision to hold a case in abeyance is obviously judicial “action.” ACAB’s decision not to proceed with Hussain’s matter in light of the Maryland litigation was likewise quasi-judicial “action.”

Because Hussain has raised no other argument in response to the Bar’s claim of absolute immunity, the Court holds that the Bar (i.e., both the Bar itself and Lewis) is entitled to immunity. This immunity does not shield the Bar from injunctive relief, Pulliam v. Allen, 466 U.S. 522, 541-42, 104 S.Ct.

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Related

Board of Regents of State Colleges v. Roth
408 U.S. 564 (Supreme Court, 1972)
Logan v. Zimmerman Brush Co.
455 U.S. 422 (Supreme Court, 1982)
Pulliam v. Allen
466 U.S. 522 (Supreme Court, 1984)
Jerome S. Wagshal v. Mark W. Foster
28 F.3d 1249 (D.C. Circuit, 1994)
Town of Castle Rock v. Gonzales
545 U.S. 748 (Supreme Court, 2005)
Hussain v. Lewis
848 F. Supp. 2d 1 (District of Columbia, 2012)

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Bluebook (online)
181 F. Supp. 3d 96, 2016 U.S. Dist. LEXIS 51879, 2016 WL 1573443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hussain-v-lewis-dcd-2016.