Filed: Nov. 04, 2019
Latest Update: Mar. 03, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ Nos. 18-1340 & 18-2841 _ JAMAAL GITTENS, Appellant v. ELIZABETH KELLY; ERIE COUNTY DOMESTIC RELATIONS _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 1:17-cv-00309) District Judge: Honorable Cathy Bissoon _ Submitted Pursuant to Third Circuit LAR 34.1(a) December 17, 2018 Before: MCKEE, COWEN, and ROTH, Circuit Judges (Opinion filed November 4, 2019) _ OPINION
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ Nos. 18-1340 & 18-2841 _ JAMAAL GITTENS, Appellant v. ELIZABETH KELLY; ERIE COUNTY DOMESTIC RELATIONS _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 1:17-cv-00309) District Judge: Honorable Cathy Bissoon _ Submitted Pursuant to Third Circuit LAR 34.1(a) December 17, 2018 Before: MCKEE, COWEN, and ROTH, Circuit Judges (Opinion filed November 4, 2019) _ OPINION*..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
Nos. 18-1340 & 18-2841
__________
JAMAAL GITTENS,
Appellant
v.
ELIZABETH KELLY; ERIE COUNTY DOMESTIC RELATIONS
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 1:17-cv-00309)
District Judge: Honorable Cathy Bissoon
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
December 17, 2018
Before: MCKEE, COWEN, and ROTH, Circuit Judges
(Opinion filed November 4, 2019)
___________
OPINION*
___________
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
PER CURIAM
Jamaal Gittens appeals an order of the United States District Court for the Western
District of Pennsylvania dismissing his civil rights action. For the following reasons, we
will affirm the judgment of the District Court.
In September 2017, Gittens filed a complaint under 42 U.S.C. § 1983, challenging
a state court order declaring him to be the biological father of a child and requiring him to
pay child support. He sought monetary damages and vacatur of the state court order.
Gittens named as defendants Judge Elizabeth K. Kelly and the Domestic Relations
section of the Erie County Court of Common Pleas. By order entered November 16,
2017, the District Court sua sponte dismissed the complaint, holding that Gittens’ claims
were barred by the Rooker-Feldman doctrine, the Younger abstention doctrine, and
Eleventh Amendment immunity. Gittens appealed.1
The Rooker-Feldman doctrine deprives a District Court of jurisdiction to review,
directly or indirectly, a state court adjudication. The Supreme Court has emphasized the
narrow scope of the doctrine, holding that it is confined to “cases brought by state-court
1
We have appellate jurisdiction under 28 U.S.C. § 1291. Our review is plenary. See
Allah v. Seiverling,
229 F.3d 220, 223 (3d Cir. 2000); cf. Turner v. Crawford Square
Apartments III, L.P.,
449 F.3d 542, 547 (3d Cir. 2006) (exercising plenary review over
district court’s invocation of the Rooker-Feldman doctrine); FOCUS v. Allegheny Cty.
Court of Common Pleas,
75 F.3d 834, 843 (3d Cir. 1996) (“We exercise plenary review
over the legal determinations of whether the requirements for Younger abstention have
been met and, if so, we review the district court’s decision to abstain for abuse of
discretion”).
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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.” Exxon Mobil Corp. v. Saudi Basic Industries Corp.,
544 U.S. 280, 284
(2005). “[F]our requirements … must be met for the Rooker-Feldman doctrine to apply:
(1) the federal plaintiff lost in state court; (2) the plaintiff ‘complain[s] of injuries caused
by [the] state-court judgments’; (3) those judgments were rendered before the federal suit
was filed; and (4) the plaintiff is inviting the district court to review and reject the state
judgments.” Great W. Mining & Mineral Co. v. Fox Rothschild LLP,
615 F.3d 159, 166
(3d Cir. 2010) (quoting Exxon
Mobil, 544 U.S. at 284) (alterations in original). These
requirements are met here. Gittens complained that he was injured by a state court
judgment that required that he pay child support, the judgment predated his federal
complaint, and he asked the District Court to invalidate that judgment.
To the extent that the state court proceeding regarding Gittens’ child support
obligations were ongoing, the District Court properly invoked the Younger abstention
doctrine.2 See Younger v. Harris,
401 U.S. 37 (1971). Younger abstention is required if
there are continuing state proceedings which are judicial in nature, which implicate
2
We grant Gitten’s “Motion Amending Appellant Brief,” wherein he explains that the
Pennsylvania Supreme Court denied his petition for allowance of appeal on January 29,
2019. That decision by the Pennsylvania Supreme Court does not affect our
determination that the District Court properly applied the Younger abstention doctrine.
We also grant Appellant’s “Motion for Consideration Amending Appellant’s Brief” and
his “Motion Amended Appellant’s Brief” to the extent that he seeks to expand on
arguments raised in his already filed-brief. In all other respects, the motions are denied.
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important state interests, and which afford an adequate opportunity for the appellant to
present his federal claims. See Lazaridis v. Wehmer,
591 F.3d 666, 670 (3d Cir. 2010).
Here, the District Court correctly applied our decision in Anthony v. Council,
316 F.3d
412, 418 (3d Cir. 2003), where we concluded that abstention was proper where persons
held in civil contempt for failing to comply with their child support orders alleged
violations of their due process rights.
The District Court also properly held that Gittens’ claims were barred by
immunity. “A judicial officer in the performance of his duties has absolute immunity
from suit and will not be liable for his judicial acts.” Azubuko v. Royal,
443 F.3d 302,
303 (3d Cir. 2006). Although Gittens asserted that Judge Kelly acted “outside her
judicial capacity,” he principally complained that the child support order was entered in
error because he had demonstrated that he did not know the child’s mother and did not
spend time in Pennsylvania. Such allegations are insufficient to overcome judicial
immunity. See Capogrosso v. Supreme Court of N.J.,
588 F.3d 180, 184 (3d Cir. 2009)
(per curiam) (holding that judicial immunity extends to judicial officers, even if their
actions were ‘“in error, w[ere] done maliciously, or w[ere] in excess of [their]
authority,’” unless the officers acted in clear absence of all jurisdiction (quoting
Azubuko, 443 F.3d at 303)). Furthermore, Pennsylvania’s judicial districts, including the
Erie County Court of Common Pleas and its Domestic Relations section, are entitled to
Eleventh Amendment immunity. See Haybarger v. Lawrence Cty. Adult Prob. & Parole,
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551 F.3d 193, 198 (3d Cir. 2008). Finally, we note that “all components of the judicial
branch of the Pennsylvania government are state entities and thus are not persons for
section 1983 purposes.” Callahan v. City of Philadelphia,
207 F.3d 668, 674 (3d Cir.
2000).
For the foregoing reasons, we will affirm the judgment of the District Court.
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