# Morris

> District Court, E.D. New York · September 11, 2026

URL: https://www.frixlaw.com/law-library/cases/11440097

## Case

- **Full name:** Maron Vaccarella, Esq. v. Honorable David Morris, et al.
- **Court:** District Court, E.D. New York
- **Decided:** September 11, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
MARON VACCARELLA, ESQ.,

Plaintiff,
MEMORANDUM
v. AND ORDER
25-CV-6005-SJB-JMW
HONORABLE DAVID MORRIS, et al.,

Defendants.
--------------------------------------------------------------X
BULSARA, United States District Judge:
Pro se Plaintiff Maron Vaccarella has filed two applications to proceed in forma
pauperis (“IFP”). (Appl. to Proceed IFP dated Oct. 24, 2025, Dkt. No. 2; Appl. to Proceed
IFP dated Jan. 7, 2026, Dkt. No. 6). Vaccarella’s request to proceed IFP is granted.
However, for the reasons discussed below, Vaccarella’s claims are dismissed pursuant
to 28 U.S.C. § 1915(e)(2)(B).
LEGAL STANDARD
A complaint must plead “enough facts to state a claim to relief that is plausible
on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “Threadbare recitals of
the elements of a cause of action, supported by mere conclusory statements, do not
suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A complaint must contain more than
“naked assertion[s] devoid of further factual enhancement.” Id. (quotations omitted).
In other words, a plausible claim contains “factual content that allows the court to draw
the reasonable inference that the defendant is liable for the misconduct alleged.” Id.;
Fed. R. Civ. P. 8(a)(2). “Factual allegations must be enough to raise a right to relief
above the speculative level, on the assumption that all the allegations in the complaint
are true (even if doubtful in fact).” Twombly, 550 U.S. at 555 (citations omitted). The
determination of whether a party has alleged a plausible claim is “a context-specific
task that requires the reviewing court to draw on its judicial experience and common

sense.” Iqbal, 556 U.S. at 679.
A pro se plaintiff’s pleadings are generally held “to less stringent standards than
formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per
curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)); see also Harris v. Mills, 572
F.3d 66, 72 (2d Cir. 2009) (noting that “[e]ven after Twombly,” courts “remain obligated
to construe a pro se complaint liberally”). However, this leniency does not extend to

Vaccarella—a lawyer proceeding pro se. (See Compl. dated Oct. 24, 2025, Dkt. No. 1
¶ 4); see Zappin v. Doyle, 756 F. App’x 110, 111 n.1 (2d Cir. 2019) (“[A] lawyer
representing himself ordinarily receives no such solicitude at all.” (quoting Tracy v.
Freshwater, 623 F.3d 90, 102 (2d Cir. 2010))). Under 28 U.S.C. § 1915(e)(2)(B), a district
court must dismiss an in forma pauperis action where it is satisfied that the action “(i) is
frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.” See also

United States v. Rodriguez, 147 F.4th 217, 225 (2d Cir. 2025) (Ҥ 1915(e)(2)(B)(i) requires a
court to dismiss an IFP action or appeal if the court determines that it is frivolous.”).
“An action is frivolous when either: (1) the factual contentions are clearly baseless, such
as when allegations are the product of delusion or fantasy; or (2) the claim is based on
an indisputably meritless legal theory.” Livingston v. Adirondack Beverage Co., 141 F.3d
434, 437 (2d Cir. 1998) (citations and quotations omitted).
DISCUSSION
Vaccarella commenced this lawsuit on October 24, 2025, asserting claims under
42 U.S.C. § 1983 against the State of New York, the Family Court of Suffolk County, the

Suffolk County Support Collection Unit, and two family court judges (Judge David
Morris and Judge Jeffrey Arlen Spinner) (collectively, “Defendants”) for alleged
constitutional violations in his state court child custody and support proceedings, as
well as a claim for defamation. (Compl. ¶¶ 5–9; 24–36). On March 21, 2017, Marcia
Vaccarella, who Vaccarella alleges is not a parent to his child and has no relationship to
the child, filed a petition in state court to obtain custody of Vaccarella’s son. (Id. ¶ 10).

Vaccarella alleges that his due process rights were violated in the state court
proceedings because Marcia Vaccarella lacked standing, the Family Court lacked
jurisdiction, and New York’s “DeFacto Parent” standard is unconstitutional. (Id. ¶ 30).
He also alleges that Defendants held “closed-door conferences” and “issued orders”
with “only court personnel and Petitioner’s and Child’s attorneys, while excluding
[him].” (Id. ¶ 27). As a result, Vaccarella alleges that he has been wrongfully deprived
of seeing his son, and unlawfully charged with child support, including via deductions

from his Social Security award. (Id. ¶ 26). Separately, Vaccarella alleges that
Defendants defamed and ridiculed him in front of colleagues that he practiced with and
covered cases for. (Id. ¶¶ 32–36). He seeks compensatory and punitive damages on
both claims. (Compl. at 8).
I. Section 1983 Claims
A. Domestic Relations Abstention
“Although the domestic relations ‘exception’ to subject matter jurisdiction . . .

does not apply in federal-question cases, the domestic relations abstention doctrine . . .
does.” Deem v. DiMella-Deem, 941 F.3d 618, 621 (2d Cir. 2019). “[T]he existence of a
distinct abstention doctrine for certain domestic relations disputes is supported by the
Supreme Court’s longstanding recognition—in a non-diversity case involving a child
custody dispute—that ‘[t]he whole subject of the domestic relations of husband and
wife, parent and child, belongs to the laws of the states, and not to the laws of the

United States.’” Id. at 624 (quoting In re Burrus, 136 U.S. 586, 593–94 (1890)). “Under the
domestic relations abstention doctrine ‘[a] federal court presented with matrimonial
issues or issues on the verge of being matrimonial in nature should abstain from
exercising jurisdiction so long as there is no obstacle to their full and fair determination
in state courts.’” Zappin v. Comfort, No. 23-7363, 2024 WL 5001624, at *2 (2d Cir. Dec. 6,
2024) (quoting Am. Airlines, Inc. v. Block, 905 F.2d 12, 14 (2d Cir. 1990) (per curiam)).
Vaccarella’s Section 1983 claims—all of which concern his state child custody and

support proceedings—are on the verge of being matrimonial in nature and require
abstention. Although framed as a claim for damages, Vaccarella effectively seeks
review of the state court’s child custody and support decisions, which requires
abstention. See, e.g., Phillips v. Schenectady Cnty. Child Support Unit, No. 24-CV-0853,
2025 WL 895035, at *8 (N.D.N.Y. Mar. 24, 2025) (“Courts in this circuit routinely dismiss
actions for lack of subject matter jurisdiction, due to the domestic relations abstention
doctrine, where the plaintiff is seeking review of child custody [and child support]
proceedings.” (quotation omitted)) (collecting cases), report and recommendation adopted,
2025 WL 1191320 (Apr. 24, 2025), appeal dismissed (2d Cir. Sep. 18, 2025); Bent v. NYC Off.

of Child Support Servs., No. 25-CV-5364, 2025 WL 2938678, at *2 (E.D.N.Y. Oct. 15, 2025)
(applying abstention doctrine where “the claims for which Plaintiff seeks relief arise
directly from the child support action”). Vaccarella cannot avoid the application of
domestic relations abstention by reframing his challenge to his child support as a
lawsuit for damages. See Zappin, 2024 WL 5001624, at *2 (affirming district court’s
dismissal based on domestic relations abstention where plaintiff sought only damages);

Ruchinsky v. Devack, No. 14-CV-2219, 2014 WL 2157533, at *10 (E.D.N.Y. May 23, 2014)
(“[P]laintiff’s Complaint tacitly seeks modification of plaintiff’s child support
obligations by seeking ‘damages’ which are calculated to reverse all of the state court’s
child support decisions to the extent that they were adverse to plaintiff. . . . Plaintiff
cannot avoid operation of the domestic relations exception by re-casting his challenge to
the state court’s child support decisions as a Civil RICO claim.”).
Although Vaccarella asserts that Defendants violated his constitutional rights in

the state proceedings, Vaccarella has not adequately alleged any obstacle to the full and
fair determination of his claims there. See, e.g., Hart v. Thompson, No. 23-CV-3289, 2023
WL 3949041, at *4 (S.D.N.Y. June 12, 2023) (“Although Plaintiff asserts that the family
court has violated his constitutional rights, including his right to due process, he alleges
no facts suggesting that there are any obstacles preventing him from receiving a full
and fair determination regarding whether he owes child support or the amount
owed.”); Evans v. Adams, 714 F. Supp. 3d 119, 125 (E.D.N.Y. 2024) (“Evans’s conclusory
statements accusing the state court of violating the Constitution without more do not
establish an obstacle to a full and fair determination. Evans may raise those

constitutional claims in the state court, including on appeal if necessary.” (citation
omitted)). Abstention is therefore appropriate here.
B. Immunity
The Eleventh Amendment generally bars suit in federal court “against a state or
its agencies absent a waiver of immunity or congressional legislation specifically
overriding immunity.” Mamot v. Bd. of Regents, 367 F. App’x 191, 192 (2d Cir. 2010); see

also Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100–01 (1984) (noting
immunity extends to both damages and injunctive relief); see U.S. Const. amend. XI
(“The Judicial power of the United States shall not be construed to extend to any suit . . .
commenced or prosecuted against one of the United States[.]”). “Eleventh Amendment
immunity ‘extends beyond the states themselves to state agents and state
instrumentalities that are, effectively, arms of a state.’” Bythewood v. New York, No. 22-
2542, 2023 WL 6152796, at *1 (2d Cir. Sep. 21, 2023) (quoting Gollomp v. Spitzer, 568 F.3d

355, 366 (2d Cir. 2009)). Eleventh Amendment immunity also extends to “state officials
sued in an official capacity.” Bell v. Kaleida Health, No. 25-0366, 2025 WL 2938354, at *2
(2d Cir. Oct. 16, 2025). States may waive their own immunity, or Congress may
abrogate it pursuant to its Fourteenth Amendment power. Beaulieu v. Vermont, 807 F.3d
478, 483 (2d Cir. 2015).
Even if abstention were inapplicable, Vaccarella’s Section 1983 claims against
Defendants are barred by sovereign immunity. It is well-established that Congress did
not abrogate state sovereign immunity for § 1983 claims, Mallet v. N.Y. State Dep’t of

Corr. & Cmty. Supervision, 126 F.4th 125, 138 (2d Cir. 2025), and New York “has not
consented to § 1983 suits in federal court,” Mamot, 367 F. App’x at 192. The State of
New York is entitled to sovereign immunity, see Finn v. New York, No. 23-0126, 2023 WL
7013414, at *2 (2d Cir. Oct. 25, 2023), as is the Suffolk County Family Court, which is an
arm of the state, see Bythewood, 2023 WL 6152796, at *1 (“The New York State Unified
Court System is ‘unquestionably an arm of the state’ that shares in New York’s

immunity to suit.” (quoting Gollomp, 568 F.3d at 368)); Grijalva v. Coward, No. 24-CV-
6365, 2024 WL 5057652, at *3 (E.D.N.Y. Dec. 9, 2024) (“[T]he Suffolk County Family
Court, which is a part of the New York State United Court System, is an arm of the State
of New York.”). The Suffolk County Support Collection Unit “appears to be a branch of
New York State Child Support Services operating under the New York State
Department of Social Services,” and is therefore also an arm of the state entitled to
sovereign immunity. See Phillips, 2025 WL 895035, at *9. To the extent Vaccarella

asserts claims against Judge Morris and Judge Spinner in their official capacities, they
are also entitled to sovereign immunity. See, e.g., Harper v. Bank of New York, No. 25-CV-
1573, 2026 WL 1174506, at *7 (E.D.N.Y. Apr. 30, 2026) (“Eleventh Amendment sovereign
immunity applies not just to lawsuits filed in federal court against States themselves,
but also to state officials acting in their official capacities, including state court judges.”
(citing Chris H. v. New York, 740 F. App’x 740, 741 (2d Cir. 2018))); Chambers v. Stynes,
No. 25-CV-2524, 2025 WL 2917109, at *3 (E.D.N.Y. Oct. 14, 2025) (“[F]or purposes of
sovereign immunity, state agents include state court judges and personnel sued for
damages in their official capacities.” (quotation omitted)).1 Accordingly, if abstention is

inappropriate, Vaccarella’s Section 1983 claims are subject to dismissal on immunity
grounds.
II. Defamation Claim
Vaccarella also brings a separate claim under New York state law for defamation.
(Compl. ¶¶ 31–36). “A district court ‘may decline to exercise supplemental jurisdiction’
if it ‘has dismissed all claims over which it has original jurisdiction.’” Kolari v. N.Y.-

Presbyterian Hosp., 455 F.3d 118, 122 (2d Cir. 2006) (quoting 28 U.S.C. § 1367(c)(3)). The
Court declines to exercise supplemental jurisdiction over Vaccarella’s state law
defamation claim, given the early stage of this litigation. Id. (“[I]n the usual case in
which all federal-law claims are eliminated before trial, the balance of factors . . . will
point toward declining to exercise jurisdiction over the remaining state-law claims.”

1 To the extent Vaccarella brings Section 1983 claims against Judge Morris and
Judge Spinner in their personal capacities, they are entitled to judicial immunity.
“[J]udges generally have absolute [judicial] immunity from suits for money damages
for their judicial actions, but not for actions taken in an administrative, legislative, or
executive capacity.” Kellogg v. Nichols, 170 F.4th 20, 24–25 (2d Cir. 2026) (per curiam)
(quotation omitted). “[A]cts arising out of, or related to, individual cases before the
judge are considered judicial in nature.” Id. at 25 (quotation omitted). Vaccarella
asserts Section 1983 claims based solely on conduct by Judge Morris and Judge Spinner
in their judicial capacities—he alleges that they denied him due process by “not
dismissing any and all claims, given that the Petitioner, in the family court, is not the
parent of the [his] son,” (Compl. ¶ 26); that they “held closed-door conferences” and
“issued orders . . . while excluding [him],” (id. ¶ 27); and that they “prevented [him]
from filing further applications for dismissal,” (id. ¶ 29). These allegations concern
“decision[s] in relation to” Vaccarella’s family court case—the “principal hallmark of
the judicial function.” Kellogg, 170 F.4th at 25 (quotation omitted).
(quotation omitted)); Sadallah v. City of Utica, 383 F.3d 34, 40 (2d Cir. 2004) (“[B]ecause
plaintiffs no longer have any viable federal claim, any remaining state law claims
belong in state, rather than federal, court.”).2

CONCLUSION
For the reasons set forth above, Vaccarella’s motion to proceed IFP is granted,
but his claims are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Because the defects
in Vaccarella’s claims are substantive and cannot be cured by repleading, the Court
concludes that amendment would be futile, and leave to amend is denied. See Cuoco v.
Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (“The problem with Cuoco’s causes of action is

substantive; better pleading will not cure it. Repleading would thus be futile.”). The
Clerk of Court is directed to close this case. The Clerk of Court is respectfully requested
to mail a copy of this Order to Vaccarella and to note the mailing on the docket. The
Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in

2 The same analysis applies where the Court abstains from exercising jurisdiction
over all claims within its original jurisdiction under domestic relations abstention,
which results in dismissal of the subject claims. See Deem, 941 F.3d at 620, 625
(affirming district court’s decision dismissing plaintiff’s federal claims based on
domestic relations abstention and declining to exercise supplemental jurisdiction over
state law claims).
good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal.
Coppedge v. United States, 369 U.S. 438, 444–45 (1962).

SO ORDERED.
/s/ Sanket J. Bulsara
SANKET J. BULSARA
United States District Judge

Date: September 11, 2026
Central Islip, New York

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11440097. Public record. Not legal advice.