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S.D.N.Y.Procedural orderFiled Dec. 16, 2020

Legister v. Radowitz

Judge
Louis Stanton
Docket
1:20-cv-09330
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureSection 1983Family
In one sentence

In Legister v. Radowitz, Judge McMahon dismissed the action on jurisdictional, immunity, pleading, and frivolousness grounds and declined the state-law claims.

Who this affects

Paul K. Legister’s federal and state-law claims were dismissed or declined for consideration. The ruling also affected the claims against Leah Radowitz, Deborah Radowitz, Barbara O. Afriyie, and the New York State Child Support Unit of Goshen, NY Orange County.

What happened

In Legister v. Radowitz, Paul K. Legister challenged New York Family Court orders and judgments and asserted additional claims under federal civil-rights law and state law. The opinion does not describe the underlying family-court dispute in detail.

The court dismissed the claims challenging the Family Court orders because a federal district court could not review those state-court decisions, and alternatively because it would refrain from deciding domestic-relations matters. It dismissed the claims against Support Magistrate Barbara O. Afriyie as frivolous and because she was immune from monetary relief. It dismissed the claims against Leah Radowitz, Deborah Radowitz, and the New York State Child Support Unit of Goshen, New York, for failure to state a legally sufficient claim. The court declined to consider the remaining state-law claims.

Judge Colleen McMahon ordered that the action be dismissed on December 16, 2020. The judgment states several separate grounds for dismissal rather than one single basis for the entire action.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Legister v. Radowitz · No. 1:20-cv-09330
Judge
Louis Stanton
Date
Dec. 16, 2020

Background

Paul K. Legister brought this action against Leah Radowitz, Deborah Radowitz, New York Family Court Support Magistrate Barbara O. Afriyie, and “New York State Child Support Unit of Goshen, NY Orange County.” The judgment states that Legister challenged final orders and judgments of the New York Family Court, Orange County. It also states that he asserted claims under 42 U.S.C. § 1983, a federal civil-rights statute, and under state law.

Rulings

The court dismissed the claims challenging the Family Court’s final orders and judgments for lack of subject-matter jurisdiction under the Rooker-Feldman doctrine. That doctrine generally prevents a federal district court from reviewing final state-court judgments. The court also gave the domestic-relations abstention doctrine as an alternative ground; that doctrine permits a federal court to refrain from deciding matters involving domestic relations. The judgment cites Federal Rule of Civil Procedure 12(h)(3).

The court dismissed the remaining § 1983 claims against Support Magistrate Barbara O. Afriyie as frivolous and because they sought monetary relief from a defendant immune from that relief. The judgment cites 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). It dismissed the § 1983 claims against Leah Radowitz, Deborah Radowitz, and the New York State Child Support Unit of Goshen, NY Orange County, for failure to state a claim on which relief could be granted, citing 28 U.S.C. § 1915(e)(2)(B)(ii).

The court declined to consider Legister’s state-law claims under its supplemental jurisdiction, citing 28 U.S.C. § 1367(c)(3). The civil judgment therefore ordered that the action be dismissed. The supplied case information identifies Louis Stanton as the judge, but the judgment in the provided text is signed by Colleen McMahon; this summary follows the judge shown on the signed judgment.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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