Opinion
Civil Action No. 17-2375 (UNA)
01-17-2018
Anthony Ray Jenkins, Plaintiff, v. Judge Tom Smith, Defendant.
MEMORANDUM OPINION
Plaintiff, proceeding pro se, has submitted a complaint and an application to proceed in forma pauperis. The Court will grant the application and dismiss the case pursuant to 28 U.S.C. § 1915(e)(2), which requires dismissal of a case "at any time" the court determines that the complaint seeks monetary relief against an immune defendant. Plaintiff sues a judge in Liberal, Kansas, for an alleged "final decision" he rendered in a case in Kansas. Compl. at 1. Plaintiff seeks "$1200,000,000.00" in damages. Id.
"Judges enjoy absolute judicial immunity from suits for money damages for all actions taken in [their] judicial capacity, unless [the] actions are taken in the complete absence of all jurisdiction." Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993) (per curiam) (citation omitted). Such "immunity is an immunity from suit, not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. 9, 11 (1991). As best that can be gleaned from the cryptically worded complaint, plaintiff is challenging defendant's decision rendered during or after a trial. As a result, defendant is entitled to absolute immunity. A separate order of dismissal accompanies this Memorandum Opinion. Date: January 17, 2018
/s/_________
United States District Judge