Opinion

Nunez v. City of Huntsville

Court
District Court, N.D. Alabama
Filed
Mar 19, 2025
Cited by
0 cases
Authority
More cited than 34.5%

“If judicial immunity means anything, it means that a judge will not be deprived of immunity because the action he took was in error or was in excess of his authority.” (quoting Mireles, 502 U.S. at 12-13)

How later courts described this case

  • “If judicial immunity means anything, it means that a judge will not be deprived of immunity because the action he took was in error or was in excess of his authority.” (quoting Mireles, 502 U.S. at 12-13)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA

NORTHEASTERN DIVISION

DON NUNEZ, )

)

Plaintiff )

)

vs. ) Case No.: 5:25-cv-00192-LCB

)

CITY OF HUNTSVILLE, et al., )

)

Defendants )

MEMORANDUM OPINION

On February 6, 2025, Plaintiff Don Nunez filed a pro se Complaint against

the City of Huntsville and the Judges of the Huntsville Municipal Court. (Doc. 1).

He also filed a motion for appointment of an attorney and for leave to proceed in

forma pauperis. (Doc. 2). On February 10, 2025, the Court ordered Nunez to file an

Amended Complaint (Doc. 5), and on February 26, 2025, Nunez filed an Amended

Complaint. (Doc. 6).

The Court GRANTS Nunez’s motion to proceed in forma pauperis but

DENIES his motion for appointment of an attorney. For the reasons set out herein,

the Court DISMISSES this action WITH PREJUDICE for failing to state a claim

on which relief can be granted.

Title 28 U.S.C. § 1915 provides, in relevant part:

1

(e)(2) Notwithstanding any filing fee, or any portion thereof, that

may have been paid, the court shall dismiss the case at any time if the

court determines that—

* * * * *

(B) the action or appeal--

(i) is frivolous or malicious; [or]

(ii) fails to state a claim on which relief may be granted; . . . .

In conducting its review of Nunez’s Complaint, the Court is mindful that

complaints by pro se litigants are held to a less stringent standard than pleadings

drafted by attorneys and subject to liberal construction. Taveras v. Bank of Am., N.A.,

89 F.4th 1279, 1285 (11th Cir. 2024) (citing Tannenbaum v. United States, 148 F.3d

1262, 1263 (11th Cir. 1998)). However, the Court may not “act as de facto counsel

or rewrite an otherwise deficient pleading to sustain an action.” Bilal v. Geo Care,

LLC, 981 F.3d 903, 911 (11th Cir. 2020) (citing GJR Invs., Inc. v. Cnty. of Escambia,

132 F.3d 1359, 1369 (11th Cir. 1998), overruled on other grounds by Ashcroft v.

Iqbal, 556 U.S. 662 (2009)).

Nunez’s original Complaint alleged:

Two judges felt my judge wasn’t imposing enough sentencing.

So they validated [sic: violated] my rights by resentencing me, several

times after Circuit Court dismissed their judgments. [I] wasn’t even

able to go to Veteran’s Court.

. . . .

Their resentencing me over 4 yr period caused me to be violated

on this case I’m on now. Of which caused me to loose [sic: lose] job,

2

wife, car, and reputation ect [sic: etc.]. Then having medical issue’s

[sic] that wasn’t [sic] properly address[ed].

(Doc. 1 at 5).

When the Court ordered Nunez to amend his Complaint, it informed him that

[t]he Amended Complaint must set forth additional factual allegations

to support Plaintiff’s claims, including the case number(s) for the

municipal court case(s) about which Plaintiff complains, and the names

of the Huntsville Municipal Court Judges he sues. Plaintiff shall also

describe the claim he pursues against the City of Huntsville.

(Doc. 5 at 2).

Nunez’s Amended Complaint identifies by surname only some of the

Municipal Court Judges he sues, including Judge Grimes, Judge Cleveland, and

Judge Robinson. He also identifies Judge Smith, a “Circuit Court” Judge. (Doc.

6 at 5–6).1 Nunez did not include any municipal court case numbers, nor did he

describe the claim he pursues against the City of Huntsville. Rather, Nunez states:

Judge Grimes granted me appeal bonds on 7 seven cases without

no money down and if remind [sic: remand] back to do 30 day’s [sic].

Judge Cleveland & Judge Robinson had a vendetta against my sentence.

When I went to do 30 day’s [sic] I was resentence[d] by Judge

Cleveland to court cost[s], fines, time, and probation. Judge Smith

(Circuit Court) overturned the resentencing. They release[d] me but

illegally she still enforce[d] my probation and fee’s [sic]. A DUI that

was charged against me was dismiss[ed] because officers never

show[ed]-up three times. Judge Robinson took it upon himself to

accuse me of DUI.

1 The Court notes Alabama’s 23rd Judicial Circuit, which encompasses Huntsville,

Alabama, does not employ a Circuit Judge by the surname Smith. However, it does employ Ronald

Smith as a District Judge.

3

(Id. at 5). He also alleges:

The courts vindicated [sic: violated] me. I am justly due

compensation for incarceration, lost job, wife & children growing-up

experience’s [sic] and lost [sic] of financial obligations to family. Not

allowing me to provide the normal working American position of

income status, and stressing causing physical & emotional disorders.

Paying illegal court cost[s], fine[s], and probation (restitutions). For

their own personal ego putting it before law and civil rights.

After being dismiss [sic]. Put a commit order out on me of which

was served Sept. 1, 2023[,] 3 to 5 yrs later. Causing me to violated [sic]

on the charge I’m serving now. Both judges upon resentencing me

showed disrespect, animosity, and revengeance [sic]. In court stating

that Judge Grimes didn’t know how to sentence me. So they illegally

resentence[d] me.

(Id. at 5–6).

All of Nunez’s claims against the judges he names as Defendants cannot

proceed because his claims concern sentencing for offenses:

“Judges are entitled to absolute judicial immunity from damages for

those acts taken while they are acting in their judicial capacity unless

they acted in the ‘clear absence of all jurisdiction.’” Bolin v. Story, 225

F.3d 1234, 1239 (11th Cir. 2000) (citations omitted). This immunity

applies even when the judge’s acts are in error, malicious, or were in

excess of his or her jurisdiction.” Id. Whether a judge’s actions were

made while acting in his judicial capacity depends on whether: (1) the

act complained of constituted a normal judicial function; (2) the events

occurred in the judge’s chambers or in open court; (3) the controversy

involved a case pending before the judge; and (4) the confrontation

arose immediately out of a visit to the judge in his judicial capacity.

Scott v. Hayes, 719 F.2d 1562, 1565 (11th Cir. 1983).

4

Sibley v. Lando, 437 F.3d 1067, 1070 (11th Cir. 2005). See also Mireles v. Waco, 502

U.S. 9, 11-12 (1991) (per curiam), superseded on other grounds by statute as

recognized in Peters v. Noonan, 871 F. Supp. 2d 218, 226 (W.D.N.Y. 2012)

(“[Judicial] immunity is overcome in only two sets of circumstances. First, a judge

is not immune from liability for nonjudicial actions, i.e., actions not taken in the

judge’s judicial capacity…. Second, a judge is not immune for actions, though

judicial in nature, taken in the complete absence of all jurisdiction.” (citations

omitted)); Stump v. Sparkman, 435 U.S. 349, 356-57 (1978); Pierson v. Ray, 386

U.S. 547, 553-54 (1967); Stevens v. Osuna, 877 F.3d 1293, 1305 (11th Cir. 2017)

(“If judicial immunity means anything, it means that a judge will not be deprived of

immunity because the action he took was in error or was in excess of his authority.”

(quoting Mireles, 502 U.S. at 12-13)).

Sentencing falls within the functions normally performed by a judge and

exists clearly within a judge’s jurisdictional authority. Therefore, Nunez’s claims

against the individual judges he names are barred by absolute judicial immunity.

See Mireles, 502 U.S. at 11 (“Like other forms of official immunity, judicial

immunity is immunity from suit, not just from ultimate assessment of damages.”

(citing Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)). As such, those claims

warrant dismissal.

5

Nunez also names the City of Huntsville as a Defendant. As a municipality,

the City of Huntsville

may not be held liable for constitutional deprivations on the theory

of respondeat superior. Denno v. Sch. Bd. of Volusia Cty., Fla., 218

F.3d 1267, 1276 (11th Cir. 2000). Instead, “municipal liability is

limited to action for which the municipality is actually

responsible.” Pembaur v. City of Cincinnati, 475 U.S. 469, 479-80, 106

S. Ct. 1292, 1298, 89 L. Ed. 2d 452 (1986). A municipality therefore

may be held liable “only if such constitutional torts result from an

official government policy, the actions of an official fairly deemed to

represent government policy, or a custom or practice so pervasive and

well-settled that it assumes the force of law.” Denno, 218 F.3d at 1276.

Hill v. Cundiff, 797 F.3d 948, 977 (11th Cir. 2015); see also Monell v. New York

City Dept. of Social Services, 436 U.S. 658, 691, 694–95 (1978).

In addition, Nunez must allege the City of Huntsville acted “‘with the requisite

degree of culpability and must demonstrate a direct causal link between the

municipal action and the deprivation of federal rights.’” Hill, 797 F.3d at 977

(quoting Bd. of Cty. Comm’rs of Bryan Cty., Okl. v. Brown, 520 U.S. 397, 404

(1997). Both factors present stringent standards. To demonstrate the requisite

degree of culpability, Nunez must allege that “‘a municipal actor disregarded a

known or obvious consequence of his [or her] action,’” or, in other words,

demonstrated deliberate indifference to those consequences. Id. (quoting Brown, 520

U.S. at 410). To demonstrate the requisite causal connection, Nunez must allege “the

6

deprivation of the constitutional right is a ‘plainly obvious consequence’ of the

municipal action.” Jd. (quoting Brown, 520 U.S. at 411).

Nunez alleges no facts to support a theory that any unconstitutional actions

resulted from an official government policy, custom, or practice. He also alleges no

facts bearing on a finding of deliberate indifference or demonstrating a causal

connection between the City’s action and the deprivation of his rights. In fact, neither

Nunez’s original Complaint nor his Amended Complaint asserts any facts at all

regarding the City’s liability, other than the actions of the Municipal Court Judges.

Accordingly, Nunez’s claim against the City of Huntsville also cannot proceed.

Because Nunez has asserted no viable basis for relief, the Court DISMISSES

this action WITH PREJUDICE. See 28 U.S.C. § 1915(e)(2)(B). The Court will

enter a separate Final Judgment. The Clerk is directed to close this action.

DONE and ORDERED Match 19, 2025.

Ko SZ Sh

LILES C. BURKE

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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