Redmond v. Fulwood

• Court: District Court, District of Columbia
• Decided: April 18, 2014
• Docket: Civil Action No. 2014-0308
• Status: Published

Opinion

FILED

UNITED STATES DISTRICT CoUR'r ApR 1 8 mm FGR THE NSTRICT 0F C@LUMB[A ciark, u.s. mistrial s. aam

Gourts for the D|str.'ct of co:gmhra

)

JESSE R. REDMOND, JR., ) Plaintiff__ l

v. Civil Action No. 14-0308

ISAAC FULWOOD JR., l Defendant.

MEMORANDUM ()PINION: ' l l

This matter is before the Court on the plaintiff s application to proceed in_forma pauperis and his pro se complaint. The Court will grant the plaintiffs application and dismiss the

complaint in its entirety.

The plaintiff brings this action against lsaac Fulwood. Jr., Chairman of the United States Parole Commission, in his individual capacity. See Compl. 1[ 3. According to the plaintiff, the defendant has deprived him of rights protected under the First and Fifth Amendments to the United States Constitution by denying his applications for parole See id. 1111 6-9. As a result, the plaintiff allegedly “suffers from mental and emotional injury," id., for which he demands "Compensatory darnage[s] in the amount of One Miilion dollars . . . and . . . Punitive damage[s]

in the amount of Two Million dollars.” Ia’. at 6.

Although the defendant is amenable to suit under 42 U.S.C. § 1983 and under Bfvens v. Six U)wknoivn Named Agents of F ed. Bureau ofNarcotz'cs, 403 U.S. 388 (1971), see Settles v.

U.S. Parole Comm 'n, 429 F.3d 1098, 1104 (D.C. Cir. 2005), he is "absolutely immune from a

lawsuit such as this which is predicated on acts taken in [his] quasi-judicial . . . capacity." Jones v. Fulwr)od, 860 F. Supp. 2d 16, 22 (D.D.C. 20l2) (citation and internal quotation marks omitted); see Fletcher v. U.S. Parole Comm ’n, 550 F. Supp. 2d 30, 43 (D.D.C. 2008)

( reaffirming grant to USPC Commissioners of absolute quasi-judicial immunity from suit). Plaintifi`s claim therefore is barred and must be dismissed. See, e.g., Nelson v, Willz`ams, 750 F. Supp. 2d 46, 52-53 (D.D.C. 2010) (dismissing claim for money damages against Parole Commissioners, hearing examiner, and community supervision officers in their individual capaoities), aff’d, No. 10-5429, 2011 WL 2618078, at *l (D.C. Cir. June 23, 201 1) (`per curiam), cert. deniea', 132 S. Ct. 1035 (2012); see also 28 U.S.C. §§ l915(_e)(2)(b)(iii), l9l5A(b) (authorizing disinissal of a complaint seeking monetary relief from defendant who is immune

from suit).

An Order consistent with this Memorandum Opinion is issued separately.

U ited States

DATE: #