Filed: Apr. 14, 2014
Latest Update: Mar. 02, 2020
Summary: 13-3337 Contreras v. Perimenis UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”
Summary: 13-3337 Contreras v. Perimenis UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”)..
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13-3337
Contreras v. Perimenis
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED
ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE
32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS
COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE
NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY
PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held
at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New
York, on the 14th day of April, two thousand fourteen.
PRESENT:
AMALYA L. KEARSE,
DENNIS JACOBS,
GERARD E. LYNCH,
Circuit Judges.
_________________________________________
Olga P. Contreras,
Plaintiff-Appellant,
v. 13-3337
Georgette Perimenis, Jill Edgar, Doctor, Magdalena
Castro, Brianne White, Hensley Flash,
Defendants-Appellees.
_________________________________________
FOR APPELLANT: Olga P. Contreras, pro se, Greenwich, CT
FOR APPELLEES: Zenobia G. Graham-Days, for George Jepsen, Attorney
General of the State of Connecticut, Hartford, CT, on behalf
of Georgette Perimenis.
Jonathan B. Orleans (Nathaniel J. Gentile, on the brief),
Pullman & Comley LLC, Bridgeport, CT, on behalf of Jill
Edgar.
John E. Tucker (Benjamin Zivyon, on the brief), for George
Jepsen, Attorney General of the State of Connecticut,
Hartford, CT, on behalf of Magdalena Castro, Brianne White,
and Hensley Flash.
1 Appeal from a judgment of the United States District Court for the District of
2 Connecticut (Thompson, J.).
3 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,
4 AND DECREED that the judgment of the district court is AFFIRMED.
5 Appellant Olga P. Contreras, pro se, appeals from the district court’s judgment
6 dismissing her amended complaint against the Appellees. We assume the parties’
7 familiarity with the underlying facts, procedural history of the case, and issues on appeal.
8 We review de novo a district court decision dismissing a complaint pursuant to
9 Federal Rule of Civil Procedure 12(b)(1) or 28 U.S.C. § 1915(e)(2). See Jaghory v. New
10 York State Dep’t of Educ., 131 F.3d 326, 329 (2d Cir. 1997); Giano v. Goord,
250 F.3d
11 146, 149-50 (2d Cir. 2001). To survive a motion to dismiss, the complaint must plead
12 “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v.
13 Twombly,
550 U.S. 544, 570 (2007); see also Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009).
14 Although all allegations contained in the complaint are assumed to be true, this tenet is
15 “inapplicable to legal conclusions.”
Iqbal, 556 U.S. at 678.
16 While all complaints must contain sufficient factual allegations to meet the
17 plausibility standard, we look for such allegations in pro se complaints by reading them
18 with “special solicitude” and interpreting them to raise the “strongest [claims] that they
19 suggest,” Triestman v. Fed. Bureau of Prisons,
470 F.3d 471, 474-75 (2d Cir. 2006) (per
2
1 curiam) (internal quotation marks and emphasis omitted). In addition to the requirement
2 that pro se complaints be liberally construed, district courts should generally not dismiss
3 them without granting the plaintiff leave to amend at least once. See Cuoco v. Moritsugu,
4 222 F.3d 99, 112 (2d Cir. 2000). A district court may deny leave to amend, though, when
5 such an amendment would be futile. See Pangburn v. Culbertson,
200 F.3d 65, 70-71 (2d
6 Cir. 1999). We review the denial of leave to amend for abuse of discretion. See
id. at 70.
7 Having conducted an independent and de novo review of the record in light of
8 these principles, we conclude that the district court properly dismissed Contreras’s
9 amended complaint for failure to state a claim against any defendant. To the extent that
10 Contreras asks us simply to reverse the finding of the state court that she neglected her
11 child, we simply lack the jurisdiction to review a state court judgment of this kind. See
12 District of Columbia Court of Appeals v. Feldman,
460 U.S. 462, 483 (1983); Rooker v.
13 Fidelity Trust Co.,
263 U.S. 413, 416 (1923). To the extent she seeks other relief, her
14 conclusory allegations of intentional discrimination on the basis of national origin are
15 insufficient to state a plausible claim for relief.
16 Moreover, the district court properly concluded that Assistant Attorney General
17 Hensley Flash was entitled to absolute immunity because he was sued in his capacity as a
18 government advocate prosecuting child welfare cases. See Walden v. Wishengrad, 745
19 F.2d 149, 152 (2d Cir. 1984) (extending absolute immunity to of government attorneys
20 initiating and prosecuting child protection litigation). The district court further did not
21 abuse its discretion in denying Contreras leave to amend her complaint for a second time,
22 as amendment would have been futile.
23
3
1 For the foregoing reasons, and finding no merit in Contreras’s arguments, we
2 hereby AFFIRM the judgment of the district court.
3 FOR THE COURT:
4 Catherine O’Hagan Wolfe, Clerk
5
4
