Perry v. Monaco

Background

William Perry, an attorney appearing without a lawyer, brought this action under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights. The court had previously allowed Perry to proceed without prepaying filing fees. Because the case was filed without prepayment, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires dismissal of claims that are frivolous, fail to state a legally sufficient claim, or seek money damages from an immune defendant. The court also noted that it generally must dismiss claims over which it lacks subject-matter jurisdiction.

Claims Against Judges Pickholz and Farber

The court applied absolute judicial immunity, which generally protects judges from lawsuits seeking damages for actions taken as part of their judicial responsibilities. The court stated that Perry did not allege that Judge Ruth Pickholz or Judge Curtis Farber acted outside their judicial roles or without jurisdiction. Perry also did not allege that a declaratory judgment had been violated, that declaratory relief was unavailable, or that an appeal was unavailable. The court therefore dismissed Perry’s claims against Judges Pickholz and Farber under the screening statute, concluding that the claims sought monetary relief from immune defendants and were therefore frivolous for purposes of that statute.

Other Motions

The court denied Perry’s motion for class certification without prejudice. It explained that a person representing himself cannot serve as both the class representative and class lawyer. The complaint also contained conflicting statements about whether the proposed class had already obtained counsel, but the court concluded that Perry’s self-represented status prevented certification at that stage.

The court denied Perry’s request for attorney fees because attorneys representing themselves are not eligible for fees under 42 U.S.C. § 1988. It denied the request for expedited discovery without prejudice because the case was still at its initial stage and discovery generally begins after defendants have been served and respond to the complaint. The court denied the request for summonses as unnecessary because it was ordering service.

Service and Disposition

Because Perry was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and provide the necessary paperwork to the U.S. Marshals Service for service on Alvin Bragg; Mark Anthony Monaco; Lisa Del Pizo; Stuart Silberg; Erin Tierney; Shira Arnow; Alexandra Wynne; Thomas Mullins; and Donya Bardliving. The court stated that service should occur within 90 days after summonses are issued, subject to a possible extension requested by Perry. It also directed Perry to notify the court if his address changes.

Judge Lewis J. Liman’s order dismissed the claims against Judges Pickholz and Farber, denied the motions for class certification, attorney fees, and expedited discovery as described above, and directed service on the other named defendants.