Opinion

Heimberger v. Repp

Court
District Court, N.D. Ohio
Filed
Jun 15, 2020
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

Debra A. Heimberger, Case No. 3:19-cv-2430

Plaintiff

v. MEMORANDUM OPINION

AND ORDER

Mark Repp, et al.,

Defendants

Introduction

Pro se plaintiff Debra Heimberger has filed an in forma pauperis civil complaint in this matter

against the Tiffin-Fostoria Municipal Court and Municipal Court Judge Mark Repp. (Doc. No. 1.)

Her complaint pertains to a fine ($100) and court costs ($186) she was ordered to pay as a

result of a traffic conviction in Tiffin-Fostoria Municipal Court. She contends Judge Repp, who

presided in the case, violated her constitutional rights under 28 U.S.C. § 1983 by requiring her to pay

the fine without allowing her a “meaningful opportunity” to present a defense regarding her inability

to pay, and that he violated 20 C.F.R. 404.970 by “attempt[ing] to attach and levy” her social security

disability income for payment. (Id. at ¶¶ 11-14, 17-18).

She sues the Tiffin-Fostoria Municipal Court for “allowing its judges to pressure parties

receiving SSI income benefits for the disabled.” (Id. at ¶ 21.)

For relief, the plaintiff seeks damages and a declaratory judgment that her rights were

violated and that she is exempt from the state court order requiring her to pay her traffic fines.

The Plaintiff’s motion to proceed in forma pauperis is granted, but I must dismiss her

complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). That statute requires federal district courts to

review all in forma pauperis complaints filed in federal court, and to dismiss before service any such

complaint that the court determines is frivolous or malicious, fails to state a claim on which relief

may be granted, or seeks monetary relief from a defendant who is immune from such relief. See Hill

v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010).

The plaintiff’s complaint fails to state a plausible claim for relief against the defendants and

seeks monetary relief from a defendant who is immune.

Judges are entitled to absolute immunity from suit based on their judicial acts even if they

acted erroneously or in bad faith. Mireles v. Waco, 502 U.S. 9, 11 (1991). Absolute judicial immunity

is overcome in only two sets of circumstances, if the judge’s actions were “nonjudicial” in nature or

were “taken in the complete absence of all jurisdiction.” Id. at 11–12. The plaintiff has not alleged

facts plausibly suggesting that Judge Repp took any action falling outside of the scope of his judicial

immunity, and he is immune from the plaintiff’s damages suit.

The plaintiff has not alleged a plausible claim against the Tiffin-Fostoria Municipal Court.

Courts are not sui juris and “can neither sue nor be sued in [their] own right.” Arbino v. Ohio, No. 1:

12 CV 203, 2012 WL 1756856, at *2 (S. D. Ohio Apr. 2, 2012).

Further, the plaintiff has no cognizable § 1983 claim relating to her state traffic sentence

under the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477, 486–87 (1994). Heck held

that a claim is not cognizable under § 1983 if a ruling on the claim would necessarily imply the

invalidity of a state criminal conviction or sentence until or unless the conviction or sentence has

been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal, or

called into question by a federal court's issuance of a writ of habeas corpus. See Gorenc v. City of

Westland, 72 F. App’x 336, 339, 2003 WL 21782610, at *2 (6th Cir. 2003) (applying Heck to § 1983

sentence has been overturned or invalidated in any of the ways articulated in Heck. Accordingly,

she has no cognizable § 1983 claim pertaining to the sentence.

Finally, to the extent the plaintiff asks this court to reverse the traffic court sentence

imposed on her, this court lacks jurisdiction to grant her such relief as federal district courts do not

have jurisdiction over challenges to state court decisions, even if those challenges allege that a state

court's action was unconstitutional. See Dakota v. Brown, Case No. 3: 12 CV 2110, 2012 WL

5378733, at *5 (N.D. Ohio Oct. 31, 2012), citing Dist. of Columbia Court of Appeals v. Feldman, 460 U.S.

462, 483 n. 16 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415–16 (1923). The Rooker–Feldman

doctrine bars a party from seeking in federal court what in substance would be appellate review of a

state judgment.

Conclusion

For all of the foregoing reasons, I am dismissing the plaintiff’s complaint in accordance with

28 U.S.C. § 1915(e)(2)(B). I further certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from

this decision could not be taken in good faith.

So Ordered.

s/ Jeffrey J. Helmick

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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