Opinion
CASE NO. 1:15 CV 1746
10-20-2015
GERALD THOMPSON, Plaintiff, v. JUDGE JUDITH KILBANE KOCH, Defendant.
MEMORANDUM OF OPINION AND ORDER
On August 28, 2015, Plaintiff pro se Gerald Thompson, an inmate at the Southern Ohio Correctional Facility, filed this action against Defendant Cuyahoga County Court of Common Pleas Judge Judith Kilbane Koch. While the Complaint is unclear, Plaintiff appears to allege that Defendant, who presided over Plaintiff's criminal trial, allowed him to be portrayed in an inaccurate manner. Plaintiff further alleges that when Defendant sentenced him in 2002, she did not specify that he should be held in protective custody.
A district court is expressly required to dismiss any civil action filed by a prisoner seeking relief from a governmental officer or entity, as soon as possible after docketing, if the court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A; Siller v. Dean, No. 99-5323, 2000 WL 145167 , at *2 (6th Cir. Feb. 1, 2000).
A cause of action fails to state a claim upon which relief may be granted when it lacks "plausibility in the complaint." Bell At. Corp. V. Twombly, 550 U.S. 544, 564 (2007). A pleading must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the pleading must be sufficient to raise the right to relief above the speculative level on the assumption that all the allegations in the complaint are true. Twombly, 550 U.S. at 555. The plaintiff is not required to include detailed factual allegations, but must provide more than "an unadorned, the-defendant-unlawfully-harmed-me accusation." Iqbal, 556 U.S. at 678 (2009). A pleading that offers legal conclusions or a simple recitation of the elements of a cause of action will not meet this pleading standard. Id.
Even construing the Complaint liberally in a light most favorable to the Plaintiff, Brand v. Motley, 526 F.3d 921, 924 (6th Cir. 2008), it does not contain allegations reasonably suggesting he might have a valid federal claim. See, Lillard v. Shelby County Bd. of Educ,, 76 F.3d 716 (6th Cir. 1996)(court not required to accept summary allegations or unwarranted legal conclusions in determining whether complaint states a claim for relief). Further, judges are absolutely immune from liability for actions taken within the scope of their official duties. Pierson v. Ray, 387 U.S. 547 (1967).
Accordingly, this action is dismissed under section 1915A. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Dated: October 20, 2015
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE