Kong v. Dajin Realty, Inc.
- Vernon Broderick
- 1:23-cv-00833
- U.S. District Court · Southern District of New York
- 3
In Kong v. Dajin Realty, Judge Broderick dismissed claims against judges and housing courts on immunity grounds and ordered plaintiffs to explain why venue should not be transferred.
Aixiang Kong and Lingxi Kong's claims against Malaika Scott-McLaughlin, Maria Ressos, Clinton Guthrie, Bronx County Housing Court, and Queens County Housing Court were dismissed. The order also required the plaintiffs to explain why the case should not be transferred to the Eastern District of New York; it did not state a disposition of the claims against Dajin Realty, Inc. or the remaining individual defendant.
What happened
In Kong v. Dajin Realty, Aixiang Kong and Lingxi Kong, representing themselves, sued under a federal civil-rights law, claiming that the defendants violated constitutional rights. The lawsuit named Dajin Realty, Inc., three New York City Housing Court judges, and the Bronx and Queens Housing Courts.
The court dismissed the claims against the three judges because the alleged conduct occurred in their judicial roles, and dismissed the claims against the two housing courts because they are protected from suit as parts of New York State's court system. The court did not decide the claims against the other named defendants in this order. It also ordered the plaintiffs to explain within 30 days why the case should not be transferred to the Eastern District of New York, where the plaintiffs, property, company, and underlying lawsuits were connected.
Judge Vernon S. Broderick issued the February 17, 2023 opinion and order. The order did not itself transfer the case; it required the plaintiffs to show why a transfer should not occur.
The detailed version
- Kong v. Dajin Realty, Inc. · No. 1:23-cv-00833
- Vernon Broderick
- Feb. 17, 2023
Background
Aixiang Kong and Lingxi Kong brought this self-represented lawsuit under 42 U.S.C. § 1983, a federal law allowing certain claims against people acting under state law. They alleged violations of the First, Fifth, and Fourteenth Amendments. The defendants named in the caption were Dajin Realty, Inc.; Steven Gee; Maria Ressos; Malaika Scott-McLaughlin; Clinton Guthrie; Bronx County Housing Court; and Queens County Housing Court.
Claims Against the Judges and Housing Courts
The court dismissed the claims against Malaika Scott-McLaughlin, Maria Ressos, and Clinton Guthrie. The plaintiffs alleged that Judge Ressos held an illegal trial, Judge Scott-McLaughlin conducted an illegal trial despite res judicata, and Judge Guthrie illegally transferred a case. The court held that these alleged actions fell within the judges' judicial responsibilities. Judges have absolute judicial immunity from damages claims for acts performed in their judicial capacity.
The court also dismissed the claims against Bronx Housing Civil Court and Queens Housing Civil Court under the Eleventh Amendment. The court explained that both courts are part of the New York State Unified Court System, which is an arm of the state and generally cannot be sued in federal court absent a waiver or congressional abrogation. The opinion's caption refers to Bronx County Housing Court and Queens County Housing Court.
Venue
The court stated that the complaint did not explain why venue was proper in the Southern District of New York. The plaintiffs alleged that they resided in Delaware and the Eastern District, and that their claims arose from leases for apartments in Flushing, Queens County, in the Eastern District. Dajin Realty was based in the Eastern District, and the lawsuits about which the plaintiffs complained took place there. The court identified only one apparent connection to the Southern District: one defendant's employment there.
The court ordered the plaintiffs to show cause in writing within 30 days after the order's entry why the case should not be transferred to the Eastern District of New York. The court did not order a transfer in this opinion.
Disposition
The court dismissed the claims against Malaika Scott-McLaughlin, Maria Ressos, Clinton Guthrie, Bronx County Housing Court, and Queens County Housing Court. It directed the Clerk to terminate the pending gavel at docket entry 11. The opinion does not state a disposition of the claims against Dajin Realty, Inc. or the remaining individual defendant.
Name Discrepancy
The caption identifies the individual defendant as Steven Gee, while the venue discussion refers to Steven McGee. The opinion does not explain whether these references concern the same person.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.