Opinion
4:22-CV-00654-BRW
07-18-2022
KERRY RAE'LOND HOLLIS PLAINTIFF v. DREW COUNTY CIRCUIT COURT, ET AL DEFENDANTS
ORDER
BILLY ROY WILSON, UNITED STATES DISTRICT JUDGE
Plaintiff's complaint involves an apparent disagreement with how things proceeded in family court in Drew County, Arkansas. A district court has the authority to dismiss a case sua sponte for failure to state a claim. The Drew County Circuit Court is not a “person” subject to suit under § 1983. Additionally the presiding judge and guardian ad litem are entitled to immunity.
See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991).
Harris v. Missouri Court of Appeals, W. Dist., 787 F.2d 427, 429 (8th Cir. 1986).
Schottel v. Young, 687 F.3d 370, 373 (8th Cir. 2012) (holding that a judge is immune from suit, except for non-judicial actions or for actions taken absent all jurisdiction).
McCuen v. Polk County, Iowa., 893 F.2d 172, 174 (8th Cir. 1990) (holding that a guardian ad litem's absolute immunity extends to her duties of preparing reports and making recommendations to family court).
Because Plaintiff's Complaint states no cause of action against Defendant for which relief may be granted, this case is DISMISSED. The motion to proceed in forma pauperis (Doc. No. 1) is DENIED as MOOT.
IT IS ORDERED.