Silver v. Ghee

Background

Michael John Silver, a state prisoner proceeding without a lawyer, filed a complaint against a deputy clerk at the Alameda County Superior Court and the courthouse. He alleged that the clerk did not properly file and process his petition for a writ of mandate, through which he attempted to make a Freedom of Information Act request from the California Occupational Safety and Health Administration. He claimed a due-process violation and sought money damages.

The court stated that it was screening the complaint under 28 U.S.C. § 1915A, which requires federal courts to review prisoner complaints seeking relief from governmental entities or their employees. The court must dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. It also explained that a claim under 42 U.S.C. § 1983 requires an alleged violation of a federal right by a person acting under state law.

Court’s Analysis

The court ruled that the courthouse could not be sued under § 1983 because it is not a “person” within the meaning of that statute. It also explained that court clerks and their employees have absolute immunity from damages for functions that are integral or necessary to the judicial process. Filing and processing petitions fell within that category, so the clerk was immune from Silver’s claim for money damages.

Disposition

The case was dismissed for failure to state a claim upon which relief may be granted. The court directed the Clerk to enter judgment and close the file. The opinion does not state that the dismissal was with or without prejudice. The judge’s full name is not supplied; the signature shows only the initials “TR.”