Hassan v. Chief Administrative Judge Lawrence K. Marks et al
| John Hassan |
| Chief Administrative Judge Lawrence K. Marks, Officers, Directors, Trustees of (and) Holiday Beach Property Owners, Assn. Inc. and Supervising Judge Karen Kerr |
| 2:2016cv01653 |
| April 6, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M. Azrack |
| Steven I. Locke |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
29
ORDER: SO ORDERED that the Court adopts Judge Locke's R&R and finds that plaintiffs claims against the State Defendants are also barred by both the Eleventh Amendment and by the doctrine of judicial immunity. See, e.g., Tucker v. Outwater, 118 F .3d 930, 936 (2d Cir. 1997) (finding that judicial immunity protects a state judge even where she may well have acted in excess of her jurisdiction); McKnight v. Middleton, 699 F. Supp. 2d 507, 521-23 (E.D.N.Y. 2010) (finding that the New York State Unified Court System is entitled to sovereign immunity as an arm of the State' under the Eleventh Amendment) (quoting Gollomp v. Spitzer, 568 F.3d 355, 368 (2d Cir. 2009)). Finally, it is unnecessary for the Court to address plaintiffs objection s concerning Rooker-Feldman because Judge Locke's other recommendations, which the Court has already adopted, are sufficient to dismiss the case in its entirety. For the reasons laid out above, the Court adopts the R&R with respect to all argume nts except that premised on the Rooker-Feldman doctrine and, accordingly, dismisses the complaint in its entirety. The Court does not reach the question of whether dismissal is also warranted under Rooker-Feldman. The Clerk of Court is therefore directed to close the case. Ordered by Judge Joan M. Azrack on 9/25/2017. (CM to pro se plaintiff) (Florio, Lisa)
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