Opinion

Weiser v. Castille

Court
Court of Appeals for the Fifth Circuit
Filed
Jul 18, 2023
Status
Unpublished
Nature of suit
Civil Rights
Cited by
0 cases
Authority
More cited than 23.7%

“[A] plaintiff seeking to overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm [s]he has alleged and that defeat a qualified immunity defense with equal specificity.”

How later courts described this case

  • “[A] plaintiff seeking to overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm [s]he has alleged and that defeat a qualified immunity defense with equal specificity.”
  • holding that claims not briefed are waived
  • holding that federal courts are barred from ruling on claims “brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.”

Written by the judges who cited it.

The opinion

Case: 22-30720 Document: 00516824614 Page: 1 Date Filed: 07/18/2023

United States Court of Appeals

for the Fifth Circuit

____________ United States Court of Appeals

Fifth Circuit

No. 22-30720 FILED

July 18, 2023

Summary Calendar

____________ Lyle W. Cayce

Clerk

Deborah B. Weiser,

Plaintiff—Appellant,

versus

Elizabeth W. Castille, personally; Howard A. Weiser, Jr.,

personally; Stephen D. Enright, Judge, officially; Stephen C.

Grefer, Judge, officially; Gretna City; Belinda C. Constant,

Mayor, officially and personally; Danika Gorrondona, officially and

personally; Ronald W. Morrison, Jr., personally; Morrison Law

Group, P.L.C., officially; Gordon R. Konrad, personally;

Konrad Law Firm, L.L.C., officially; David H. Alfortish,

personally; Law Office of David H. Alfortish, L.L.C.,

officially; Michael Rosenblatt, personally; Law Office of

Michael Rosenblatt, L.L.C., officially; 21st Mortgage

Corporation; Iberia Bank; Mark Morgan, officially and

personally; First Horizon Bank, successor by merger to Iberia Bank,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:20-CV-2043

______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges.

Case: 22-30720 Document: 00516824614 Page: 2 Date Filed: 07/18/2023

No. 22-30720

Per Curiam: *

This pro se appeal arises from Deborah B. Weiser’s (“Deborah”)

challenge to the district court’s dismissal of her claims on the basis of

qualified and judicial immunity and lack of subject matter jurisdiction

pursuant to the Rooker-Feldman doctrine. 1 Because Deborah fails to

demonstrate jurisdiction over these claims and overcome qualified and

judicial immunity, we AFFIRM.

I. Background

A. Factual History

Deborah and her late husband Howard A. Weiser Sr. (“Howard Sr.”)

were married in the state of Louisiana from February 2004 until Howard

Sr.’s death in May 2018. During their marriage, the couple allegedly acquired

community property, owned and operated rental apartment units at 1544

Claire Avenue, rented three mobile home trailer units and a washeteria at

1518 Claire Avenue, and contracted a lawncare maintenance business with

the City of Gretna (“the City”). The companies operated under Howard A.

Weiser, L.L.C. Deborah was the registered agent and manager of the

businesses for the duration of the marriage, “with the exception of a

temporary separation period due to infidelity.” She alleges that their

businesses generated gross revenues totaling $8,450 per month.

Deborah further alleges that in July 2014, Defendant-Appellee

Elizabeth W. Castille (“Castille”), Howard Sr.’s daughter, began exploiting

her father’s “limited reading capacity and capitalized on his lack of

educational achievements” to “manipulat[e] and maneuver[]” her father to

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

1

See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923) and Dist. of Columbia Ct. of

Appeals v. Feldman, 460 U.S. 462 (1983).

2

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No. 22-30720

divorce Deborah and transfer his estate to Castille. Her alleged efforts were

successful as Howard Sr. filed for divorce in the 24th Judicial District Court

in Jefferson Parish with Defendant-Appellee Judge Stephen D. Enright, Jr.

presiding, and later transferred his estate to Castille.

B. Procedural History

Deborah filed an action in district court against roughly twenty named

defendants including Castille, Howard Jr., certain financial institutions,

attorneys involved in the state court litigation, judges who presided over her

state court cases, the City, and city officials in their individual and official

capacities. Her voluminous amended complaint included fifteen various state

and federal claims. 2 She alleged that the defendants individually and

collaboratively violated her state and federal rights in the underlying

proceedings. Specifically, she asserted that these actors used fraudulent

documents, statements, omissions, and actions in furtherance of a fraudulent

scheme to have Howard Sr. divorce her and effectively oust her out of the

property and its earnings. She also averred that, but for the fraud, legal error,

and racial discrimination, she would have won all of her cases in state court.

The district court first granted Judges Enright and Grefer’s Rule

12(b)(1) motions to dismiss for lack of jurisdiction. It later granted Rule

12(b)(6) motions to dismiss for failure to state a claim for the Morrison Law

_____________________

2

Deborah’s complaint included federal claims under: (1.) 28 U.S.C. §§ 2201 and

2202 (the Declaratory Judgment Act); (2.) the First and Fourteenth Amendments to the

United States Constitution; (3.) Louisiana Constitution Article I §§ 2 and 3; (4.) the Civil

Rights Act of 1964, 42 U.S.C. §§ 1983, 1985, and 1986; and (5.) the Fair Credit Reporting

Act, 15 U.S.C. § 1681, and the Fair Debt Collection Act, 15 U.S.C. § 1692. Her complaint

also included pendent state law claims under: (1.) Louisiana Code of Civil Procedure article

863; (2.) Louisiana Civil Code articles 2298, 2315, 2316; (3.) intentional negligence; (4.)

intentional infliction of emotional distress; (5.) conversion; (6.) mental anguish; (7.)

tortious interference with contract; (8.) breach of contract; (9.) violations of the

professional code of conduct; and (10.) the Louisiana Tort Claims Act.

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No. 22-30720

Group, P.L.C. and Ronald W. Morrison, Jr. In a separate order it granted

Rule 12(b)(1) motions to dismiss for lack of jurisdiction for the Konrad Law

Firm, LLC, Gordon R. Konrad, and the First Horizon Bank. 3

The district court then granted Castille and Howard Jr.’s motion to

dismiss all claims against them for lack of jurisdiction. It later dismissed all

of Deborah’s claims against Michael Rosenblatt, the Law Office of Michael

Rosenblatt, L.L.C., the Law Office of David H. Alfortish, L.L.C., and David

H. Alfortish, on grounds that Deborah failed to timely serve notice of the

lawsuit to these defendants for nearly a year. Finally, on October 14, 2022, it

entered a final judgment granting the City and city officials’ motion for

summary judgment on qualified immunity and dismissed all claims against

the remaining defendants for lack of jurisdiction. Deborah timely appealed.

II. Discussion

A. Subject Matter Jurisdiction

i. Standard of Review

We review de novo the district court’s order granting Appellees’

motions to dismiss under Rules 12(b)(1) and 12(b)(6). See Kling v. Hebert, 60

F.4th 281, 283–84 (5th Cir. 2023) (quoting Ramming v. United States, 281

F.3d 158, 161 (5th Cir. 2001)). “In a 12(b)(1) factual attack, the district

court’s resolution of disputed jurisdictional facts is reviewed for clear error.”

Id. (citing In re S. Recycling, L.L.C., 982 F.3d 374, 379 (5th Cir. 2020)).

“Lack of subject matter jurisdiction may be found in any one of three

instances: (1) the complaint alone; (2) the complaint supplemented by

undisputed facts evidenced in the record; or (3) the complaint supplemented

by undisputed facts plus the court’s resolution of disputed facts.” Ramming,

_____________________

3

First Horizon Bank is the successor by merger to Iberia Bank which was the

originally named defendant in the state court proceedings.

4

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No. 22-30720

281 F.3d at 161. The burden of proof for a Rule 12(b)(1) motion to dismiss is

on the party asserting jurisdiction. Id. at 161; see also Menchaca v. Chrysler

Credit Corp., 613 F.2d 507, 511 (5th Cir. 1980).

ii. Analysis

Deborah argues that the state court judgments are the result of

constitutional violations and misinterpretation of state law, and but for these

errors she would have prevailed in state court and gained ownership of the

property at issue. But as the district court correctly held, the only way

Deborah’s ownership to the property could change “would be a reversal of

the state court judgment in [Castille’s] favor.” Weiser v. Castille, No. 20-

2043, 2022 WL 9349749, at *3 (E.D. La. Oct. 14, 2022). Thus, a

jurisdictional bar prohibits us from evaluating the merits of her claim.

The Rooker-Feldman doctrine “holds that inferior federal courts do

not have the power to modify or reverse state court judgments.” Union

Planters Bank Nat. Ass’n v. Salih, 369 F.3d 457, 462 (5th Cir. 2004); see also

Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 281 (2005)

(holding that federal courts are barred from ruling on claims “brought by

state-court losers complaining of injuries caused by state-court judgments

rendered before the district court proceedings commenced and inviting

district court review and rejection of those judgments.”). In other words,

“federal district courts lack subject matter jurisdiction to consider cases

where: (1) the federal court plaintiff lost in state court; (2) the plaintiff’s

alleged injuries were caused by the state court judgment; (3) plaintiff’s claims

invite the federal court to review and reject the state court judgment; and (4)

the state court judgment was rendered before plaintiff filed proceedings in

federal district court.” Tomasella on Behalf of Est. of Tomasella v. Kaufman

Cnty. Child Support, No. 22-10760, 2022 WL 17752124, at *2 (5th Cir. Dec.

19, 2022) (per curiam) (unpublished). Additionally, the doctrine “prohibits

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No. 22-30720

federal court review of claims that are inextricably intertwined with a state

court decision.” Id. (internal quotation omitted). We have explained that

issues are “inextricably intertwined . . . when a plaintiff casts a complaint in

the form of a civil rights action simply to circumvent the Rooker-Feldman

rule.” Richard v. Hoechst Celanese Chem. Grp., Inc., 355 F.3d 345, 351 (5th Cir.

2003) (citing Liedtke v. State Bar of Tex., 18 F.3d 315, 317 (5th Cir. 1994)).

Deborah asserts that by dismissing her claims the district court

“committed manifest constitutional and manifest error in its statutory

interpretation and application of the law.” She contends that this manifest

error resulted in the violation of her Seventh Amendment right to a jury trial

and violation of her Ninth Amendment right to protection from “state actors

and private entities and individuals” who abused state statutes to strip her of

“her money and immovable property[.]” All of her arguments and claims to

relief, however, share a common and fatal theme—they ask us to review her

state court proceedings and evaluate whether that court properly applied

state law when deciding that she had no rights to the contested property. But

as stated, the Rooker-Feldman doctrine prohibits us from reviewing those

state court decisions. Union Planters Bank, 369 F.3d at 457. Accordingly,

because Deborah’s theory of federal jurisdiction is “inextricably

intertwined” with a challenged state court judgment, she has failed to meet

her burden under Rules 12(b)(6) and 12(b)(1). See Richard, 355 F.3d at 351.

We therefore affirm the district court’s dismissal of her claims against each

defendant.

B. Qualified Immunity

Deborah dedicates a significant portion of her brief to arguing that the

district court “abused its discretion and was bias and prejudice” in granting

the City’s motion for summary judgment as to her equal protection and due

process claims after determining that it was entitled to immunity. The district

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No. 22-30720

court explained that its decision was based on Deborah’s lack of evidentiary

support to overcome the City’s affirmative defense of qualified immunity.

See Weiser v. Castille, No. 20-2043, 2022 WL 9349749, at *4–8 (E.D. La. Oct.

14, 2022).

i. Standard of Review

“A motion to dismiss granted on the basis of qualified immunity is

reviewed de novo.” T.O. v. Fort Bend Indep. Sch. Dist., 2 F.4th 407, 413 (5th

Cir. 2021), cert. denied, 143 S. Ct. 60, 60 (2022). Therefore, we accept all

well-pleaded facts as true and draw all inferences in favor of the plaintiff. Id.

“To survive a motion to dismiss, a complaint must contain sufficient factual

matter, accepted as true, to state a claim to relief that is plausible on its face.”

Id. “Conclusional allegations, naked assertions, and formulaic recitations of

the elements of a cause of action will not do.” Id. (internal citation omitted).

ii. Analysis

To overcome qualified immunity, Deborah is required to demonstrate

that: (1) the city officials violated one of her statutory or constitutional rights;

and (2) the right was “clearly established” at the time of the challenged

conduct. See Backe v. LeBlanc, 691 F.3d 645, 648 (5th Cir. 2012) (“[A]

plaintiff seeking to overcome qualified immunity must plead specific facts

that both allow the court to draw the reasonable inference that the defendant

is liable for the harm [s]he has alleged and that defeat a qualified immunity

defense with equal specificity.”). The district court granted qualified

immunity to the city officials because Deborah failed to plead specific facts

or proffer any evidence to demonstrate the existence of an equal protection

or due process violation.

Although Deborah challenges the district court’s order of dismissal

and its summary judgment in favor of defendants, she does not oppose the

grant of qualified immunity to the City and city officials. In fact, Deborah’s

7

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No. 22-30720

brief is silent on the issue of qualified immunity altogether, thus her claim is

waived. Goodman v. Harris Cnty., 571 F.3d 388, 399 (5th Cir. 2009) (holding

that claims not briefed are waived). Therefore, we affirm the district court’s

judgment granting summary judgment in favor of these defendants on the

basis of qualified immunity and lack of jurisdiction.

C. Judicial Immunity

Finally, Deborah challenges the district court’s decision regarding

judicial immunity. She argues that the district court erred in dismissing her

suit against the judges because she “sought injunctive relief against state

[j]udges in their official and individual capacities, and not against the state

itself.” We disagree.

A judge generally has absolute immunity from suits. “There are only

two circumstances under which judicial immunity may be overcome. ‘First,

a judge is not immune from liability for nonjudicial actions, i.e., actions not

taken in the judge’s judicial capacity.’” Davis v. Tarrant Cnty., Tex., 565 F.3d

214, 221 (5th Cir. 2009) (quoting Mireles v. Waco, 502 U.S. 9, 11 (1991)).

“Second, a judge is not immune for actions, though judicial in nature, taken

in the complete absence of all jurisdiction.” Id. (citations omitted).

“Allegations of bad faith or malice are not sufficient to overcome judicial

immunity.” Id.

Deborah avers that because her claims are not against the State but

instead against state judicial officials, the district court’s denial of her request

for injunctive relief and its grant of immunity was in error. But her argument

does not assert that the judges engaged in nonjudicial action or that they

lacked jurisdiction in rendering their decisions. Thus, under this court’s

jurisprudence, she has failed to overcome their judicial immunity. Id.

Accordingly, we affirm the district court’s judgment dismissing Judges

Enright and Grefer.

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No. 22-30720

III. CONCLUSION

For the foregoing reasons, we AFFIRM the district court’s judgment

in all respects.

9

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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