Grubbs v. McFarland et al
| Matthew Grubbs |
| Jane Doe, John Doe 2, Amy L McFarland, Jane Doe 2, Donald Knapp, Jr., Jon Sandage, Don Everhart, Jr. and Rayne Devivo |
| 1:2020cv01075 |
| February 24, 2020 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 10 CIRCUIT RULE 3(b) NOTICE re #7 Notice of Appeal (RK, ilcd) |
| Filing 9 NOTICE of Docketing Record on Appeal from USCA re #7 Notice of Appeal filed by Matthew Grubbs. USCA Case Number 20-1609. (RK, ilcd) |
| Filing 8 Short Record of Appeal Sent to US Court of Appeals re #7 Notice of Appeal (RK, ilcd) |
| Filing 7 NOTICE OF APPEAL as to 3/10/2020 Text Order by Matthew Grubbs. (RK, ilcd) |
| Filing 6 JUDGMENT in a Civil Case. (FDS, ilcd) |
TEXT ONLY ORDER: On 2/25/2020, the Court entered a text order informing Plaintiff that his Complaint against state court judge Amy McFarland would fail to state a claim because she has absolute immunity for her judicial actions, and noting that Plaintiff's claims would also likely fail under the Rooker--Feldman doctrine. However, because the allegations in his Complaint were less than clear, the Court allowed Plaintiff one opportunity to amend his pleading to cure the above-identified deficiencies. On March 9, 2020, Plaintiff filed an Amended Complaint #3 . Therein, Plaintiff persists in his claims against Judge McFarland in connection with a civil proceeding. He also names as Defendants Donald Knapp Jr., Rayne Devino, Jon Sandage, Don Everhart Jr., and other unknown Defendants. In his prayer for relief, he seeks declaratory judgments relating to child support obligations and their application in his state court case. Plaintiff's Amended Complaint appears to suffer from the same deficiencies identified by the Court in its prior text order. Judge McFarland is absolutely immune for her judicial actions, and the allegations in Plaintiff's Amended Complaint make clear that Judge McFarland was acting in her capacity as a judge in the state court proceedings. Polzin v. Gage, 636 F.3d 834, 838 (7th Cir. 2011). Moreover, the Rooker-Feldman doctrine precludes a lower federal court from entertaining a proceeding to reverse or modify a state judgment or decree to which the assailant was a party. See Rooker v. Fidelity Trust Co. , 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Ct. of App. v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). Here, the Rooker-Feldman doctrine would prohibit this Court from reviewing the decisions of Judge McFarland or issuing rulings which would interfere with her ability to adjudicate the state court case. If Plaintiff's state court case has concluded, he may appeal an adverse decision to the state appellate courts. Finally, to the extent that the state court proceedings are ongoing, Younger v. Harris would prevent this Court from resolving the legal issues already before Judge McFarland. 401 U.S. 37 (1971); Milchtein v. Chisholm, 880 F.3d 895, 899 (7th Cir. 2018). For these reasons, Plaintiff's Amended Complaint is dismissed without leave to replead, and this action is dismissed. Finally, as it appears that Plaintiff has already served Judge McFarland, the Clerk is directed to forward a courtesy copy of this order to the attention of Judge Amy McFarland, Rm. 422, 104 W. Front St. P.O. Box 2420 Bloomington, IL 61701. Entered by Judge James E. Shadid on 3/10/2020. (SJP, ilcd)
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| Filing 5 SUMMONS Returned Executed by Matthew Grubbs. Amy L McFarland served on 2/27/2020, answer due 3/19/2020. (RK, ilcd) |
| Filing 4 DECLARATION by Matthew Grubbs. (RK, ilcd) |
| Filing 3 AMENDED COMPLAINT against Defendants Jane Doe, Jane Doe 2, John Doe 2, Amy L McFarland, Donald Knapp, Jr, Rayne Devivo, Jon Sandage, Don Everhart, Jr., filed by Matthew Grubbs.(RK, ilcd) |
| Filing 2 NOTICE of Change of Address by Matthew Grubbs. New address is: 1900 E. College Ave., A430, Normal, IL 61761. Phone: 309-660-3672 (RK, ilcd) |
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TEXT ONLY ORDER: Plaintiff has filed a Complaint #1 alleging Judge Amy L. McFarland and others unknown conspired to deprive Plaintiff of his rights in connection with a civil lawsuit filed by Plaintiff in McLean County. He requests monetary damages or a sworn statement from Defendant that she was operating in her judicial capacity. The Eleventh Amendment forbids suits for monetary damages brought against a state in federal court. Pennhurst State School & Hospital v. Halderman, 465 U.S. 89 (1984). Likewise, Younger v. Harris, 401 U.S. 37 (1971), "prevents a federal judge from resolving isolated legal issues that might matter to proceedings already before a state judge." Milchtein v. Chisholm, 880 F.3d 895, 899 (7th Cir. 2018). While the status of Plaintiff's state court case is not clear from Plaintiff's Complaint, Plaintiff cannot prevail on his claim against Defendant McFarland because she has absolute immunity for her judicial actions. Polzin v. Gage, 636 F.3d 834, 838 (7th Cir. 2011). Even if Judge McFarland was not absolutely immune from this lawsuit, the Rooker-Feldman doctrine precludes lower federal courts from entertaining a proceeding to reverse or modify a state judgment or decree to which the assailant was a party. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); D.C. Ct. of App. v. Feldman, 460 U.S. 462 (1983). That appears to be exactly what Plaintiff is requesting here. Although the legal hurdles facing Plaintiff's case appear insurmountable, the Court will allow Plaintiff one opportunity to cure the deficiencies identified above within 14 days of this Order. The Clerk is directed to postpone issuance of summonses until further order of this Court. Entered by Judge James E. Shadid on 2/25/2020. (SJP, ilcd)
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| Set/Reset Deadlines: Miscellaneous Deadline 3/10/2020 (RK, ilcd) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400.00 Receipt number 14626036373), filed by Matthew Grubbs. (Attachments: #1 Proposed Summons, #2 Contact Information)(RK, ilcd) |
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