JANE MAGNUS-STINSON, Chief District Judge.
In July 2017, pro se Plaintiffs John Stoltzfus and John Riehl initiated this lawsuit which relates to two traffic stops with which they were involved, and which led to their respective arrests. They asserted violations of seven Amendments to the United States Constitution and more than twelve federal statutes against twenty-seven named individuals and entities and twenty-five individuals identified as "Does." On January 30, 2018, the Court granted two Motions to Dismiss filed by various Defendants and granted in part and denied in part two other Motions to Dismiss. [
"Motions to reconsider `are not replays of the main event.'" Dominguez v. Lynch, 612 Fed. App'x 388, 390 (7th Cir. 2015) (quoting Khan v. Holder, 766 F.3d 689, 696 (7th Cir. 2014)). A motion to reconsider is only appropriate where the Court has misunderstood a party, where the Court has made a decision outside the adversarial issues presented to the Court by the parties, where the Court has made an error of apprehension (not of reasoning), where a significant change in the law has occurred, or where significant new facts have been discovered. Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990). Because such problems "rarely arise," a motion to reconsider "should be equally rare." Id. (citation and quotation omitted).
In its January 30, 2018 Order, the Court found that Judge Swaim was entitled to judicial immunity, stating:
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Plaintiffs argue in their Motion to Reconsider that the Court ignored some of their arguments in opposition to the Motion to Dismiss, that Judge Swaim should have recused himself from the state court proceedings against Plaintiffs, and that judicial immunity does not apply when there is no jurisdiction. [
Motions to reconsider are only appropriate where the Court has misunderstood a party, the Court has made a decision outside the adversarial issues presented to the Court by the parties, the Court has made an error of apprehension (not of reasoning), or there has been a significant change in the law or facts. Bank of Waunakee, 906 F.2d at 1191. None of these circumstances is present here. First, as to Plaintiffs' argument that the Court ignored some of their arguments, the Court finds otherwise. Plaintiffs' only argument in response to Judge Swaim's Motion to Dismiss was that Judge Swaim was not entitled to judicial immunity because he did not have jurisdiction over the state court proceedings. [
Second, Plaintiffs' argument that Judge Swaim should have recused himself from the state court proceedings is unavailing. Plaintiffs did not make this argument in their response to Judge Swaim's Motion to Dismiss, and may not now raise a new argument in their Motion to Reconsider. Bally Export Corp. v. Balicar, Ltd., 804 F.2d 398, 404 (7th Cir. 1986) ("[A] motion for reconsideration is an improper vehicle to introduce evidence previously available or to tender new legal theories"); Publishers Resource, Inc. v. Walker-Davis Publications, Inc., 762 F.2d 557, 561 (7th Cir. 1985) (motion to reconsider should not "serve as the occasion to tender new legal theories for the first time"). In any event, Plaintiffs have not explained how whether Judge Swaim should have recused himself from the state court proceedings is relevant to the issue of whether he is entitled to judicial immunity in this lawsuit.
Finally, Plaintiffs' argument that there is no judicial immunity where there is no jurisdiction is a rehash of the argument they set forth in response to Judge Swaim's Motion to Dismiss. The Court considered and rejected this argument in its January 30, 2018 Order, [
The Court
As to Prosecutor Cvengros, the Court found that he was entitled to prosecutorial immunity because the allegations against him "`were intimately associated with the judicial phase of the criminal process, and thus were functions to which the reasons for absolute immunity apply with full force.'" [
Plaintiffs argue in their Motion to Reconsider that Prosecutor Cvengros is a "foreign agent" who had "no Jurisdiction or authority in any way over Plaintiffs as American Nationals, and has absolutely no immunity from any suit Plaintiff[s] bring against him." [
The Court rejects Plaintiffs' arguments in their Motion to Reconsider related to Prosecutor Cvengros, and
For the foregoing reasons, the Court