NOEL L. HILLMAN, District Judge.
This case concerns 42 U.S.C. § 1983 claims against an administrative law judge, a warden, and a former state attorney general and a deputy state attorney general. Pending before the Court are Defendant Warden Karen Taylor's ("Warden Taylor") Motion to Dismiss and Defendants NJ OAL Judge Joseph Ascione ("Judge Ascione"), Former NJ AG Christopher Porrino ("AG Porrino"), and Pamela Ullman's ("DAG Ullman") Motion to Dismiss. For the reasons stated herein, this Court will grant all Defendants' Motions to Dismiss and dismiss this case in its entirety.
The Court takes its facts from Plaintiff's Complaint and the public records
His termination precipitated litigation. Plaintiff appealed his termination to the Civil Service Commission (the "Commission") on November 29, 2013. The Commission referred the matter to the Office of Administrative Law (the "OAL"), where Administrative Law Judge Joseph Ascione presided over Plaintiff's administrative hearing on December 15 and 17, 2014. Plaintiff was represented by counsel at this hearing, Jeffrey S. Ziegelheim. During that proceeding, Plaintiff claims "JUDGE ASCIONE VIOLATED [HIS] DUE PROCESS RIGHTS. HE SAID THE CASE COULD PROCEED WITH[OUT] ME HAVING ANY OF MY EVIDENCE IN THE TRIAL . . . HE LATER WROTE A DECISION WITH OVER 63 ERRORS IN IT[,] SOME HARMFUL, REVERSIBLE, AND SOME PLAIN." (Pl.'s Compl. 3.) Also during the administrative hearing, Plaintiff claims "KAREN TAYLOR COMMITTED PERJURY." (Pl.'s Compl. 3.) At some point, Plaintiff claims he provided transcripts to AG Porrino, but he "FAILED TO DO HIS JOB." (Pl.'s Compl. 3.)
Judge Ascione upheld Plaintiff's termination in a May 4, 2015 opinion. Thereafter, Plaintiff appealed the administrative ruling — pro se — to the New Jersey Superior Court, Appellate Division. It appears AG Porrino and DAG Ullman appeared on behalf of the Commission. On October 17, 2017, the Appellate Division affirmed Judge Ascione's decision upholding CCCF's termination of Plaintiff. Thereafter, Plaintiff filed his complaint in this case on October 15, 2018.
Plaintiff brings individual and official capacity claims under 42 U.S.C. § 1983 against Judge Ascione and Warden Taylor, and only official capacity claims under 42 U.S.C. § 1983 against AG Porrino and DAG Ullman on the basis of the above allegations. As for relief requested, Plaintiff states the following:
(Pl.'s Compl. 5.)
In lieu of answering, Defendant Warden Taylor filed a Motion to Dismiss on November 28, 2018 and the remaining Defendants (Judge Ascione, AG Porrino, and DAG Ullman) filed their Motion to Dismiss on December 10, 2018. Plaintiff has opposed these motions through a series of letters filed with the Court. Thus, Defendants' Motions to Dismiss are fully briefed and ripe for adjudication.
This Court possesses subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1331.
When considering a motion to dismiss a complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all well-pleaded allegations in the complaint as true and view them in the light most favorable to the plaintiff.
"While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the `grounds' of his `entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . ."
A district court, in weighing a motion to dismiss, asks "not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claim."
Defendants offer a number of reasons why this action must be dismissed. All Defendants argue Plaintiff's § 1983 claims are barred by the application of the
Four elements must be met: "(1) the federal plaintiff lost in state court; (2) the plaintiff complains of injuries caused by the state court [judgment]; (3) [that judgment was] rendered before the federal suit was filed; and (4) the plaintiff is inviting the district court to review and reject the state [judgment]."
The first element is met. Plaintiff lost in state court. Plaintiff's termination was upheld by Judge Ascione and Judge Ascione's decision was affirmed by the Appellate Division. The second element is also met. Plaintiff complains that the underlying judgments upholding his termination caused the alleged due process violations — and allowed Warden Taylor to allegedly commit perjury, which supported the judgment against Plaintiff — as well as the damages which occurred because he was not reinstated. The third element is met, as both the administrative decision and that of the Appellate Division were rendered prior to the filing of this suit in October 2018.
Finally, the fourth element is met. Most obviously, granting Plaintiff's requested relief of "REVERS[ING] THE DECISION OF THE LOWER COURTS" directly invites this Court to review and reject the underlying judgments upholding his termination. Moreover, allowing Plaintiff's § 1983 claims to proceed here would indirectly invite rejection of the underlying judgment. Finding that Judge Ascione not admitting evidence was a violation of Plaintiff's Due Process rights would attack the basis of that judgment as it would require the admission of evidence that was not considered and could be adverse to the judgment. Determining that Warden Taylor committed perjury would similarly attack the basis of the judgment as it would require exclusion of evidence supportive of the judgment. To the extent applicable, determining that AG Porrino and DAG Ullman
Thus, Defendants have demonstrated that the
For the foregoing reasons, this Court will grant Defendants' Motions to Dismiss and dismiss this action in its entirety.
An appropriate Order will be entered.
Regardless, the Court cannot mandate — as it appears Plaintiff requests — that a prosecution be brought.