Zinnia I. Chen v. Hon. Kenneth R. Lester, Jr.

364 F. App'x 531
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 1, 2010
Docket09-11487
StatusUnpublished
Cited by17 cases

This text of 364 F. App'x 531 (Zinnia I. Chen v. Hon. Kenneth R. Lester, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zinnia I. Chen v. Hon. Kenneth R. Lester, Jr., 364 F. App'x 531 (11th Cir. 2010).

Opinion

PER CURIAM:

Zinnia I. Chen, Charlie H. Davis, Leyda E. Chew, Michael Taylor, and Mary C. Fox, (collectively, “Plaintiffs” or “Appellants”), proceeding pro se, appeal from the district court’s order dismissing their civil rights complaint pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiffs brought claims under 42 U.S.C. § 1983 and other statutes against a variety of state and private actors. The district court based its dismissal as to each defendant on various grounds, including judicial immunity, qualified immunity, and failure to allege that the defendant was a state actor for purposes of § 1983. In addition, the district court also based its dismissal on Plaintiffs’ failure to allege facts indicating that any defendant deprived them of a constitutional right and the fact that many of the statutes that Plaintiffs relied on did not create a private cause of action.

On appeal, Appellants raise the following arguments: the district court judge abused her discretion by refusing to recuse herself; the district court erred by denying them leave to amend their complaint; the district court abused its discretion by striking Plaintiffs’ exhibit list and sealing certain exhibits; the district court abused its discretion by denying Plaintiffs sufficient time to respond to the defendants’ motions to dismiss; and the district court abused its discretion by denying Plaintiffs’ requests to stay state court proceedings. We discuss these arguments in turn below. It is unclear whether Appellants raise the *533 issue of the district court’s grant of the defendants’ motions to dismiss. Because the nature of Plaintiffs’ claims relates closely to the denial of leave to amend the complaint, we will address the issue.

I. Dismissal Under Fed.R.Civ.P. 12(b)(6)

An appellant, even when proceeding pro se, abandons an issue if he fails to raise it in his initial brief. Timson v. Sampson, 518 F.3d 870, 874 (11th Cir.2008) cert. denied, — U.S. —, 129 S.Ct. 74, 172 L.Ed.2d 67 (2008). We review a district court’s decision to dismiss a complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6) de novo. Hill v. White, 321 F.3d 1334, 1335 (11th Cir.2003). The complaint is viewed in the light most favorable to the plaintiffs, and all of the plaintiffs’ well-pleaded facts are accepted as true. Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1057 (11th Cir.2007). The district court should consider only the pleadings and the exhibits attached thereto. Grossman v. Nationsbank, N.A., 225 F.3d 1228, 1231 (11th Cir.2000). Further, “[i]n the case of a pro se action ... the court should construe the complaint more liberally than it would formal pleadings drafted by lawyers.” Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990). In addition, we review a district court’s decision to abstain under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) for an abuse of discretion. See Wexler v. Lepore, 385 F.3d 1336, 1338 (11th Cir.2004).

A. Plaintiffs’ Claims for Damages Under 42 U.S.C. § 1983

1. Defendants Lester and Galluzzo

“Judges are entitled to absolute judicial immunity from damages for those acts taken while they are acting in their judicial capacity unless they acted in the clear absence of all jurisdiction.” Sibley v. Lando, 437 F.3d 1067, 1070 (11th Cir.2005) (quotation marks omitted). “Whether a judge’s actions were made while acting in his judicial capacity depends on whether: (1) the act complained of constituted a normal judicial function; (2) the events occurred in the judge’s chambers or in open court; (3) the controversy involved a case pending before the judge; and (4) the confrontation arose immediately out of a visit to the judge in his judicial capacity.” Id.

Plaintiffs’ allegations against Judges Lester and Galluzzo are based on orders issued by the defendants, including custody orders and orders expelling Plaintiffs from the courtroom. Plaintiffs allege that these events arose out of eases pending before Judges Lester and Galluzzo. Issuing custody orders and expelling individuals from a courtroom are normal judicial functions. In this case, it is clear that Plaintiffs were dealing with Judges Lester and Galluzzo in their judicial capacity and that the complained of orders were issued in the defendants’ judicial capacity. Because the defendants were acting in their judicial capacity, they are entitled to absolute immunity from Plaintiffs’ claims for money damages under 42 U.S.C. § 1983. Accordingly, the district court did not err in dismissing the § 1983 claims against these defendants.

2. Defendants Morse, Dew, Tricomi, Phipps, Eslinger, Amin, Clem, Hess, Ochs, Nelson, and Gosh

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.” Andujar v. Rodriguez, 486 F.3d 1199, 1202 (11th Cir.2007) (quotation marks and internal quotation marks omit *534 ted). “An official asserting the affirmative defense of qualified immunity must initially establish that he was acting within his discretionary authority.” Skop v. City of Atlanta, Ga., 485 F.3d 1130, 1136 (11th Cir.2007). “If the official was acting within the scope of his discretionary authority ... the burden shifts to the plaintiff to show that the official is not entitled to qualified immunity.” Id. at 1136-37. “To overcome qualified immunity, the plaintiff ... must show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.” Holloman ex rel. Holloman v. Harland, 370 F.3d 1252, 1264 (11th Cir.2004). When dealing with claims of qualified immunity, plaintiffs are required to allege facts that would defeat the claim of qualified immunity with “some specificity.” GJR Invs. Inc. v.

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Bluebook (online)
364 F. App'x 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zinnia-i-chen-v-hon-kenneth-r-lester-jr-ca11-2010.