Montana v. Connor

817 F. Supp. 2d 440, 2011 U.S. Dist. LEXIS 107839, 2011 WL 4368919
CourtDistrict Court, D. New Jersey
DecidedSeptember 16, 2011
DocketCivil Action No. 10-3635 (JBS/JS)
StatusPublished
Cited by8 cases

This text of 817 F. Supp. 2d 440 (Montana v. Connor) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montana v. Connor, 817 F. Supp. 2d 440, 2011 U.S. Dist. LEXIS 107839, 2011 WL 4368919 (D.N.J. 2011).

Opinion

OPINION

SIMANDLE, District Judge.

I. INTRODUCTION

This matter requires the Court to determine whether particular acts taken by a New Jersey Superior Court judge are shielded by absolute judicial immunity. The matter is before the Court on Defendant Kyran Connor’s motion to dismiss the Amended Complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Defendant argues that the acts Plaintiff alleges he has taken were all judicial acts within his jurisdiction as a judge in the New Jersey Superior Court, Family Division, and that he is therefore immune from money damages for any injuries that arose from those acts. Plaintiff Arthur Montana argues, in opposition, that certain of Defendant’s actions were administrative rather than judicial, and all actions were taken as part of a conspiracy with other Cape May County defendants who were not subject to judicial immunity. Because the Court finds that the acts alleged fall within the functional definition of judicial acts and were not taken in complete absence of jurisdiction, judicial immunity applies and the Court will grant Defendant’s motion to dismiss.

II.BACKGROUND

The facts set forth here are those alleged in the Amended Complaint and attached documents [Docket Item 16], which the Court must accept as true for purposes of a Rule 12(b)(6) motion. In this action, Plaintiff alleges that he suffered retaliation at the hands of Defendant because of the content of his speech and because of his complaints about Defendant and others.

Plaintiff is a juvenile-family crisis counselor employed by the County of Cape May, and has been so employed since 1991. Am. Compl. ¶ 1. Plaintiff works in the Juvenile-Family Crisis Intervention Unit (“JFCIU”), where he “assists families experiencing a ‘juvenile-family’ crisis ... through family counseling and/or referral to appropriate agencies in the community;” Id. ¶ 2. One of the tasks of a JFCIU [443]*443counselor is to file petitions with the family court for out-of-home placement of juveniles, and thereafter to appear in court to provide the court with information and recommendations relevant to the petition. Id. ¶¶2-3. Defendant was, at all times relevant, a Superior Court Judge, Family Division, in the County of Cape May. Id. at 2. At the time, Defendant was the only Family Division judge in the County who presided over juvenile-family crisis petitions. Id. ¶ 29. Defendant Connor is the only named defendant in this action.1

On January 25, 2007, Plaintiff participated in a hearing before Defendant on a petition for out-of-home custody of a juvenile. Id. ¶ 9. In the hearing, Plaintiff recommended both shelter placement and an order that the juvenile be temporarily schooled at the shelter. Id. Defendant accepted Plaintiffs recommendations and signed an order to that effect. Id.; Am. Compl. Ex. A. Later that day, in response to subsequent contact from Diane Lanzetta, the Department Head of Cape May County Department of Youth Services and Plaintiffs supervisor at the JFCIU, Defendant modified his order in an e-mail.2 Id. ¶¶ 11-12; Ex. B. Plaintiff, believing that Lanzetta’s contact with Defendant and Defendant’s modification of the order via email were improper, complained to Lanzetta, suggesting the conduct “constituted inappropriate conduct that undermined the integrity of the court system and alienated interested parties.” Id. ¶ 13. Defendant allegedly learned of Plaintiffs complaint from Lanzetta. Id. ¶ 14.

On February 8, 2007, Plaintiff participated in another hearing before Defendant regarding the placement and schooling of another juvenile. Id. ¶¶ 18-19. During this hearing, Defendant criticized Plaintiffs recommendations. Id. ¶ 20. Defendant then entered an order disregarding part of Plaintiffs recommendation. Id. ¶ 21. Plaintiff believed that Defendant’s “judicial determination” was based on improper criteria: Defendant’s out-of-court conversations with Lanzetta. Id.

Later that day, Defendant sent an email to Lanzetta criticizing Plaintiffs courtroom presentation and requested that Lanzetta remove Plaintiff as the counselor from two cases scheduled for hearings in the following weeks. Id. ¶ 27. The following week, Defendant met with Lanzetta in which they further discussed Plaintiffs handling of crisis petitions. Id. ¶ 28. Lanzetta thereafter reassigned two cases Plaintiff had been handling to other CIU staff and prohibited Plaintiff from appearing before Defendant until directed otherwise. Id. ¶ 29; Ex. C. Lanzetta lifted the suspension two months later, on April 27, 2007, with a warning that if she heard of additional complaints from Defendant about Plaintiffs courtroom conduct, Plaintiff could be subject to further discipline. Id. 32.

Three months later, Plaintiff sent a detailed complaint letter regarding his disputes with Defendant and Lanzetta to the Cape May County Board of Freeholders on July 26, 2007. The County Administrator sent a copy of Plaintiffs complaint letter to Defendant, who responded to the Administrator in a letter on August 14, 2007 criticizing Plaintiffs “personal views, character, and performance as a crisis counselor.” Id. ¶ 33. Over the course of [444]*444the next several months, Plaintiff appeared before Defendant “on approximately 20 occasions without any record of incident or complaint.” Id. ¶ 35.

On February 15, 2008, Plaintiff filed a civil suit in New Jersey Superior Court naming the Cape May County Board of Freeholders, Lanzetta, and Director of Human Resources Barbara Bakley-Marino as defendants. Id. Shortly thereafter, on March 7, 2008, Defendant sent an e-mail to Lanzetta (at a private email address, apparently registered to her husband) again criticizing Plaintiff’s performance and suggesting that Plaintiff “be plugged in somewhere where he couldn’t do any harm.” Id. ¶ 36; Ex. D. Defendant sent another email to the same address making similar complaints about Plaintiff on April 8, 2008. Id. ¶ 38.

On July 14, 2008, Defendant sent Lanzetta a letter complaining about further disruptive behavior of Plaintiff, this time relating to Plaintiffs conduct outside the courtroom, but related to contact between Plaintiff and litigants appearing before Defendant. Id. ¶ 39; Def.’s Mot. Ex. 2. In the July 14 letter, Defendant “direct[ed] that the County prohibit the Plaintiff from appearing before him in any case.” Am. Compl. ¶ 39. In response, Lanzetta directed that Plaintiffs work duties be restructured so that he would no longer appear in court before Defendant. Id. The County HR Director later asked Defendant if he would reconsider his position, and, in an email dated August 8, 2008, Defendant declined to reconsider, stating “that he would insist that Plaintiff be barred from his courtroom.” Id. ¶ 40; Ex. E. Lanzetta subsequently conducted a disciplinary hearing against Plaintiff due to the concerns raised by Defendant’s letter. Plaintiff was given a 90-day suspension at his disciplinary hearing. Id. ¶ 47. Lanzetta assigned Plaintiff to perform clerical work for other counselors. Id. ¶48. Plaintiff was, additionally, passed over for promotion multiple times during the period of his ban from Defendant’s court. Id. ¶ 43.

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Bluebook (online)
817 F. Supp. 2d 440, 2011 U.S. Dist. LEXIS 107839, 2011 WL 4368919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-v-connor-njd-2011.