Opinion

LILLEY v. BAISOON

Court
District Court, W.D. Pennsylvania
Filed
Jan 19, 2022
Cited by
0 cases
Authority
More cited than 29.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOHN R. LILLEY, JR., )

)

Case No. 1:22-cv-18

Plaintiff )

)

v. )

)

SUSAN PARADISE BAXTER

CATHY BAISOON JUDGE CLERK )

UNITED STATES DISTRICT JUDGE

DEPUTY JUROR #8, )

Defendant. )

)

MEMORANDUM OPINION

I. Plaintiff’s Motion for Leave to Proceed in forma pauperis

Plaintiff John Lilley filed a motion seeking leave to proceed in forma pauperis [ECF No.

1] along with a proposed original complaint on January 13, 2022. Based on Plaintiff’s averments

in the motion, it appears that he is without sufficient funds to pay the filing and administrative

fees associated with this case. Accordingly, Plaintiff’s motion for leave to proceed in forma

pauperis will be granted.

II. Standard of Review

Because Plaintiff is seeking redress “from a governmental entity or officer or employee

of a governmental entity,” his pleadings are subject to the screening provisions in 28 U.S.C. §

1915A. In pertinent part, § 1915A provides that a court “shall . . . dismiss the complaint, or any

portion of the complaint, if the complaint . . . is frivolous, malicious, or fails to state a claim

upon which relief may be granted.” 28 U.S.C. § 1915A(b)(2). In performing this mandatory

screening function, a district court applies the same standard applied to motions to dismiss under

Rule 12(b)(6) of the Federal Rules of Civil Procedure. Banks v. County of Allegheny, 568

F.Supp.2d 579, 587-89 (W.D. Pa. 2008).

III. Discussion and Review of Plaintiff’s Filings

Plaintiff, a pro se litigant, filed this action on January 13, 2022.1 The only Defendant

named in this action is the Cathy Baisoon, identified by Mr. Lilley as the “Judge # Clerk Deputy

Juror #8.” The undersigned believes this Defendant to be District Judge Cathy Bissoon of the

U.S. District Court for the Western District of Pennsylvania.

The allegations against Judge Bissoon are unintelligible and the monetary damages

sought against her are fantastical.

Because he is seeking monetary damages for an alleged violation of his constitutional

rights, Plaintiff’s claims arise pursuant to 42 U.S.C. § 1983. To state such a claim, Plaintiff must

allege: “(1) that the conduct complained of was committed by a person acting under color of

state law; and (2) that the conduct deprived the plaintiff of rights, privileges, or immunities

secured by the Constitution or laws of the United States.” Schneyder v. Smith, 653 F.3d 313, 319

(3d Cir. 2011) (internal citation omitted).

“It is a well-settled principle of law that judges are generally immune from a suit for

money damages.” Figueroa v. Blackburn, 208 F.3d 435, 440 (3d Cir. 2000). Judicial immunity is

an “immunity from suit, not just from an ultimate assessment of damages.” Mireles v. Waco, 502

U.S. 9, 11 (1991). Judicial officers are immune from damage suits arising out of their official

duties. Stump v. Sparkman, 435 U.S. 349 (1978). “A judge will not be deprived of immunity

1 Plaintiff is a prolific filer in this Court. Since May 2021, Plaintiff has initiated multiple lawsuits

in this federal district court. Mr. Lilley is the subject of a Vexatious Litigant Order filed in C.A.

No. 1:22-cv-7 on January 13, 2022, the same date that this action was initiated.

because the action he took was in error, was done maliciously, or was in excess of

authority....” Id. at 356. See also Seigert v. Gilley, 500 U.S. 226, 231 (1991) (“One of the

purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted

liability, but unwarranted demands customarily imposed upon those defending a long drawn out

lawsuit.”); In Re Montgomery County, 215 F.3d 367, 373 (3d Cir. 2000) (“Absolute immunity

creates not only protection from liability, but also a right not to stand trial.”).

Mr. Lilley is well aware that the judges are entitled to absolute judicial immunity as at

least three of his lawsuits have been dismissed on this basis. Further attempts to file suit against

judges or judicial employees based upon actions taken in other cases can only be viewed as an

abuse of this Court.

Generally, if a civil rights complaint is vulnerable to dismissal for failure to state a claim,

the Court should permit a curative amendment. See Grayson v. Mayview State Hosp., 293 F.3d

103 (3d Cir. 2002). However, the court “need not provide endless opportunities for amendment,

especially where such opportunity already has been enjoyed.” Baker v. Moon Area Sch. Dist.,

2018 WL 40571719, at *8 (W.D. Pa. Aug. 27, 2018) quoting Taylor v. Pilewski, 2008 WL

4861446, at *3 (W.D. Pa. Nov. 7, 2008). Because the undersigned concludes, as a matter of law,

that Plaintiff cannot establish a constitutional or statutory violation based on the facts alleged in

the proposed complaint against this Defendant, leave to amend is futile.

An appropriate Order follows this Memorandum Opinion.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.