Opinion

Willis v. Coughenour

Court
District Court, N.D. Ohio
Filed
Mar 27, 2025
Cited by
0 cases
Authority
More cited than 34.6%

holding that the dismissal standard articulated in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) for determining a motion to dismiss under Fed. R. Civ. P. 12(b)(6) governs dismissals of pro se and in forma pauperis complaints

How later courts described this case

  • holding that the dismissal standard articulated in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) for determining a motion to dismiss under Fed. R. Civ. P. 12(b)(6) governs dismissals of pro se and in forma pauperis complaints
  • upholding district court's sua sponte dismissal of a complaint under Apple v. Glenn because the named defendant, a federal judge, was entitled to absolute judicial immunity

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

William Mark Willis, Case No. 4:25 cv 565

Plaintiff,

-vs- JUDGE PAMELA A. BARKER

U.S. District Court Judge John MEMORANDUM OPINION AND

Coughenour, ORDER

Defendant.

Plaintiff William Mark Willis has filed a pro se and in forma pauperis civil rights complaint

in this case against Judge John Coughenour of the United States District Court for the Western District

of Washington. (Doc. No. 1.) Plaintiff contends Judge Coughenour violated his constitutional rights

by issuing a “frivilous enjunction” [sic] against the President of the United States, which Plaintiff

contends infringed upon his right to vote by prohibiting the President from “doing the job” that

Plaintiff elected the President to do. (Id. at 4-5, ¶¶ II.D and III.C.) For relief, Plaintiff seeks $1 dollar

in damages. (Id. at 6, ¶ IV.)

Pro se pleadings are liberally construed and held to less stringent standards than formal

pleadings drafted by lawyers. Nevertheless, in order to avoid dismissal, even pro se complaints

must meet basic federal pleading requirements and set forth allegations sufficient to state a

plausible claim for relief. See Hill v. Lappin, 630 F.3d 468 (6th Cir. 2010) (holding that the

dismissal standard articulated in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v.

Twombly, 550 U.S. 544 (2007) for determining a motion to dismiss under Fed. R. Civ. P. 12(b)(6)

governs dismissals of pro se and in forma pauperis complaints).

Further, federal courts are courts of limited jurisdiction and have an independent duty to

police the boundaries of their jurisdiction in every case. See Fed. R. Civ. P. 12(h)(3). A district

court “may, at any time, sua sponte dismiss a complaint for lack of subject matter jurisdiction

pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a

complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer

open to discussion.” Apple v. Glenn, 183 F.3d 477, 479 (6th Cir. 1999).

The Court finds that Plaintiff’s complaint warrants sua sponte dismissal pursuant to Apple v.

Glenn.

It is well-established that judges are entitled to absolute immunity from civil suits for money

damages based on conduct and decisions they make during the performance of their judicial

functions. Mireles v. Waco, 502 U.S. 9, 9 (1991); Barnes v. Winchell, 105 F.3d 1111, 1115 (6th

Cir. 1997). This far-reaching protection is designed to ensure that the independent and impartial

exercise of judgment by judicial officers is not impaired by exposure to potential damages. Barnes,

105 F.3d at 1115. Absolute judicial immunity shields judicial officers from damages suits arising

out of the performance of their judicial functions even when they act erroneously or in bad faith.

Mireles, 502 U.S. at 11–12; Barnes, 105 F.3d at 1115. There are only two sets of circumstances in

which a judicial officer is not entitled to immunity. A judge is not immune from liability for

“nonjudicial actions, i.e., actions not taken in the judge’s judicial capacity,” and for actions “taken

in the complete absence of all jurisdiction.” Mireles, 502 U.S. at 11-12.

Plaintiff’s action as against Judge Coughenour clearly pertains to conduct occurring during

the performance of the Judge’s official judicial functions as to which he is absolutely immune from

suit. Plaintiff does not allege facts plausibly suggesting that Judge Coughenour took any non-

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judicial action, or any action taken in the complete absence of all jurisdiction. Plaintiff's

displeasure with a ruling of Judge Coughenour, which is the most his complaint suggests, is not

sufficient to overcome judicial immunity.

Plaintiff's claims are totally implausible, frivolous, and devoid of legal merit. See

Metzenbaum v. Nugent, 55 Fed. App'x 729 (6th Cir. 2003) (upholding district court's sua sponte

dismissal of a complaint under Apple v. Glenn because the named defendant, a federal judge, was

entitled to absolute judicial immunity); Forbush v. Zaleski, 20 Fed. App'x 481 (6th Cir. 2001)

(same).

Conclusion

Accordingly, Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is granted, and

his complaint is dismissed in accordance with the Court’s authority established in Apple v. Glenn.

The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision

could not be taken in good faith.

IT IS SO ORDERED.

s/Pamela A. Barker ______

PAMELA A. BARKER

Date: March 27, 2025 U. S. DISTRICT JUDGE

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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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