McCutcheon v. Foreman

641 F. Supp. 612, 34 Educ. L. Rep. 746, 1986 U.S. Dist. LEXIS 21623
CourtDistrict Court, N.D. Illinois
DecidedAugust 12, 1986
DocketNos. 86 C 3526, 86 C 3663
StatusPublished

This text of 641 F. Supp. 612 (McCutcheon v. Foreman) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCutcheon v. Foreman, 641 F. Supp. 612, 34 Educ. L. Rep. 746, 1986 U.S. Dist. LEXIS 21623 (N.D. Ill. 1986).

Opinion

[613]*613MEMORANDUM ORDER

ASPEN, District Judge:

Pro se plaintiff Anabel J. McCutcheon has filed a complaint in McCutcheon v. Foreman, No. 86 C 3526 (N.D.Ill. filed May 16, 1986), purporting to state a claim in connection with proceedings in Illinois state court. Defendants, Cook County Circuit Court Judges Lester Foreman and Warren Wolfson, the Chicago Principals Association (“CPA”), Kathryn Janega, Ron Cope and John B. Schwartz, have moved on various grounds to dismiss under Fed.R.Civ.P. 12(b)(6). For the reasons stated below, the motions to dismiss are granted. Furthermore, on August 8, 1986, this Court entered an order to consolidate McCutcheon v. Executive Council of the C.P.A., No. 86 C 3663 (N.D.Ill. filed May 22, 1986), with this case under Local Rule 2.31. We also grant the motions to dismiss of the defendants in that case (the “Executive Council” case) for reasons set forth in this order.

I. No. 86 C 3526 — The CPA Case

McCutcheon’s complaint is a rambling litany of often incoherent allegations vehemently protesting her alleged persecution by the defendants.1 Even giving her the benefit of the doubt as a pro se litigant and reading the complaint liberally, we find serious problems with the allegations contained therein.

This suit is one in a long line of cases brought in both state and federal court by this litigious plaintiff.2 The entire history cannot be summarized in this order, but the Court will attempt to lay some of the groundwork which prompted McCutcheon to file this action. In the mid-1970’s, McCutcheon was fired from her position as principal of the Audobon School by the Board of Education -of the City of Chicago (“the Board”) based on charges of unprofessional conduct. She pursued her appeal rights from that decision but the Board’s decision was affirmed by an Illinois appellate court in 1981. McCutcheon v. Board of Education of the City of Chicago, 94 Ill.App.3d 993, 50 Ill.Dec. 343, 419 N.E.2d 451 (1st Dist.1981), cert. denied, 455 U.S. 1018, 102 S.Ct. 1713, 72 L.Ed.2d 135 (1982). Apparently, one of McCutcheon’s next steps was to sue the CPA, a labor organization to which she belonged, alleging that the CPA breached her contract by failing to provide representation at her discharge proceedings. That action was filed in the Circuit Court of Cook County, Illinois, where defendant Wolfson, as the presiding judge, granted a directed verdict to the defendants. That ruling is now on appeal in the Illinois courts.

Presumably, McCutcheon’s lack of success at the state level has prompted her to seek a federal forum. Her complaint arises from the preceding history and purports to state claims under the civil rights provisions of 42 U.S.C. §§ 1983 and 1985 (1982) and the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, 18 U.S.C. §§ 1961-1968 (1982 & Supp. II 1984).

As a preliminary matter, we dismiss all defendants except Foreman and Wolfson from the § 1983 claims because there is no allegation that any of the other defendants in this suit acted “under color of state law” as required by that statute.

McCutcheon’s allegations regarding Foreman and Wolfson arise from rulings made by these judges during the course of her state breach of contract action. Foreman is accused of granting an inordinate number of continuances which unduly delayed trial, thus extending the period in which McCutcheon was unjustly deprived of her livelihood. McCutcheon complains that Wolfson should have recused himself from presiding in her case because defendant Janega, who represented the CPA in [614]*614the case, once took “public action” in behalf of Wolfson’s brother. Furthermore, she asserts that Wolfson’s grant of a directed verdict to the CPA in state court was improper and implies that he was biased against McCutcheon because Janega is the daughter of a “fellow judge.” McCutcheon claims that she was denied her due process rights since these acts prevented a jury from hearing her case.

Foreman and Wolfson point out in their motion to dismiss that all of the actions which form the basis for McCutcheon’s complaint against them were conducted in the course of their duties as judges, and that they are therefore afforded absolute judicial immunity from civil damage suits based on these judicial acts done in the exercise of their jurisdiction.3 We agree. See Forrester v. White, 792 F.2d 647, 651 (7th Cir.1986). Accordingly, Foreman and Wolfson are dismissed from this suit.4

Defendant Schwartz was one of McCutcheon’s attorneys in prior proceedings in state court. He is named in the complaint under Counts II and III, but it is not clear why. The following is a general description of Schwartz’s actions as pled in the complaint: he requested continuances in state court; he requested and received legal fees for work which was never done; he failed to testify in McCutcheon’s breach of contract suit against the CPA. Furthermore, McCutcheon throws in an oblique reference to Schwartz’s failure to file a suit ten years ago based on the allegations raised here. It is difficult to ascertain the nature of McCutcheon’s complaint against Schwartz unless it has something to do with alleged malpractice or violations of the professional ethics code for lawyers. McCutcheon does not allege that Schwartz was involved in any acts which might even remotely subject him to liability under RICO. Furthermore, there are no allegations of any conspiracy which would give rise to a suit under § 1985. The Court grants Schwartz’s motion to dismiss for failure to state a claim. See Fed.R.Civ.P. 12(b)(6).5

With respect to the CPA and defendants Janega and Cope, attorneys with the law firm which is defending the CPA in McCutcheon’s contract suit, the allegations in McCutcheon’s complaint are not much clearer. It appears that McCutcheon is still complaining about the fact that the CPA never supplied her with the legal representation which it was allegedly supposed to provide at her discharge proceedings before the Board. Furthermore, McCutcheon alleges that the CPA, Janega and Cope maliciously and knowingly caused delays in the state court trial, thus causing continued deprivation of her livelihood. She also contends that Cope, who was appointed to represent her in her suspension proceedings before the Board, failed to provide her with any defense. She alleges that Janega and the CPA injured her by their inadequate counsel, delay of trial and breach of contract, which ultimately deprived her of her livelihood as a teacher and principal.

None of these allegations even approaches an acceptable cause of action under the cited statutes.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Salome Quinones v. Chester Szorc
771 F.2d 289 (Seventh Circuit, 1985)
Cynthia A. Forrester v. Judge Howard Lee White
792 F.2d 647 (Seventh Circuit, 1986)
McKee v. Pope Ballard Shepard & Fowle, Ltd.
604 F. Supp. 927 (N.D. Illinois, 1985)
McCutcheon v. Board of Education
419 N.E.2d 451 (Appellate Court of Illinois, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
641 F. Supp. 612, 34 Educ. L. Rep. 746, 1986 U.S. Dist. LEXIS 21623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccutcheon-v-foreman-ilnd-1986.