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John E. HILL, #225682, Plaintiff - Appellant, v. Byron L. McCLELLAN, Judge, etc., et al., etc., Defendants-Appellees

United States Court of Appeals for the Fifth Circuit1974-03-08No. No. 73-2686
490 F.2d 859

Summary

Holding. The court affirmed the dismissal, holding that the plaintiff failed to state a claim under 42 U.S.C. §§ 1983 and 1985 because the judge and attorney are entitled to immunity, the private party cannot be held liable for conspiring with immune officials, and a federal court cannot reverse state court judgments.

An incarcerated plaintiff sued a state judge, an attorney, and his ex-wife under federal civil rights statutes, claiming they conspired to enter a default judgment in a divorce and custody case while he was unable to appear. The plaintiff sought damages and an order to void the state court judgment. The district court dismissed the complaint, and the appellate court affirmed, finding the complaint failed to state a valid claim under the civil rights laws.

The court explained that judges acting within their authority enjoy immunity from civil rights suits. Similarly, private attorneys participating in state court litigation do not act under color of state law and cannot be sued under the federal civil rights statutes. The ex-wife, as a private party, could not be held liable for conspiracy because she did not conspire with persons whose actions could properly be challenged under federal civil rights law. Additionally, a federal court lacks authority to overturn or modify a state court judgment, and private litigation where the state merely provides a forum does not create a valid civil rights claim.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Judicial immunity from civil rights liability
  • Attorney immunity for participation in state court litigation
  • Conspiracy claims involving immune state officials
  • Federal court jurisdiction over state court judgments

Procedural posture

The plaintiff appealed from a district court dismissal of his civil rights complaint challenging a state court judgment.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

Appellant Hill, incarcerated in the Texas Department of Corrections, filed a civil rights complaint under 42 U.S.C. §§ 1983 and 1985, alleging that Judge Byron McClellan, Attorney Robert Cummings, and appellant’s ex-wife Wilma Hill, conspired to have a default judgment in a divorce, child custody, and property settlement action in a Texas state court entered against him while he was incarcerated and unable to appear in court. He sought damages and an order voiding the state judgment. The district court dismissed the complaint. We affirm.

Judges acting within their jurisdiction and authority are immune from suit under §§ 1983 and 1985. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967); McAlester v. Brown, 5 Cir., 1972, 469 F.2d 1280; Carter v. Duggan, 5 Cir., 1972, 455 F.2d 1156; Collins v. Moore, 5 Cir., 1971, 441 F.2d 550; Guedry v. Ford, 5 Cir., 1970, 431 F.2d 660; Beard v. Stephens, 5 Cir., 1967, 372 F.2d 685; Carmack v. Gibson, 5 Cir., 1966, 363 F.2d 862; Hanna v. Home Insurance Co., 5 Cir., 1960, 281 F.2d 298, cert, denied, 365 U.S. 838, 81 S.Ct. 751, 5 L.Ed.2d 747, rehearing denied, 366 U.S. 955, 81 S.Ct. 1905, 6 L. Ed.2d 1247; Gay v. Heller, 5 Cir., 1958, 252 F.2d 313.

Lawyers who participate in the trial of private state court litigation are not state functionaries acting under col- or of state law within the meaning of the Federal Civil Rights Acts; likewise, they are not liable under said Acts. Skolnick v. Martin, 7 Cir., 1963, 317 F.2d 855, 856, cert, denied, 375 U.S. 908, 84 S.Ct. 199, 11 L.Ed.2d 146, rehearing denied, 375 U.S. 960, 84 S.Ct. 440, 11 L.Ed.2d 319; Carmack v. Gibson, supra; Brown v. Dunne, 7 Cir., 1969, 409 F.2d 341; Hanna v. Home Insurance Co., supra.

A private person cannot be held liable under 42 U.S.C. § 1983 unless his wrongful action was done under color of state law or state authority. Further, a private person alleged to have conspired with a state judge and attorney who are entitled to immunity cannot be held liable, since he is not conspiring with persons acting under color of law against whom a valid claim could be stated. Guedry v. Ford, supra, 431 F.2d at 664, and cases cited therein; Brown v. Dunne, supra; Haldane v. Chagnon, 9 Cir., 1965, 345 F.2d 601, 604.

A federal district court has no original jurisdiction to reverse or modify the judgment of a state court. Hanna v. Home Insurance Co., supra, 281 F.2d at 303, and cases cited therein. There is no cause of action under the Civil Rights Act if a case is private litigation in which the state does no more than furnish the forum and has no interest in the outcome. Skolnick v. Martin, supra, 317 F.2d at 857. Only if diversity jurisdiction exists might a federal court, just as a state court, have jurisdiction of a suit .in which it is alleged with the particularity required under Rule 9(b), Fed.R.Civ.P., for the statement of a cause of action for fraud. Gay v. Heller, 5 Cir., 1958, 252 F.2d 313. Merely characterizing defendants’ conduct as conspiratorial or unlawful does not set out allegations upon which relief can be granted under the Civil Rights Act.

Appellant has not stated a claim for which relief may be granted under 42 U.S.C. §§ 1983 and 1985.

Affirmed.