Grigg v. U.S. Ninth Circuit Court of Appeals

Background

Peter Grigg alleged that he was discriminated against in judicial proceedings. He named the U.S. Ninth Circuit Court of Appeals and the Montana Judicial System as defendants.

Screening and Recommendation

Grigg applied to proceed in the case without paying the filing fee. Under 28 U.S.C. § 1915(e)(2)(B)(ii), a court must dismiss a case at any time if the complaint fails to state a claim for relief. Magistrate Judge Tse screened the complaint and found that both named defendants were immune from liability. Judge Tse recommended dismissing the case with prejudice. Grigg was required to object within fourteen days after receiving the report and recommendation, but he did not object.

Court’s Analysis

The district court explained that, for a dispositive matter, a magistrate judge issues a report and recommendation, and the district court conducts its own review. After conducting that review, the court adopted the recommendation.

The court stated that the Ninth Circuit is made up of federal judges who have absolute immunity from civil liability for judicial acts taken within their courts’ jurisdiction. It found that the acts underlying Grigg’s complaint were judicial in nature and occurred within the court’s jurisdiction. The court also stated that state courts act as arms of the state and are protected from suit under the Eleventh Amendment. It applied that principle to the Montana Judicial System.

Disposition

The court concluded that, given the immunity rules and the nature of the allegations, changing the complaint would be futile. Judge Edward M. Chen ordered that the complaint be dismissed with prejudice and adopted Magistrate Judge Tse’s report and recommendation.