Jones v. Acker
1:24-cv-07904
S.D.N.Y.May 28, 2025Background
- Plaintiffs, Shelly and Warren Jones, filed a pro se action in federal court, alleging misconduct by Justice Christi Acker during a state foreclosure proceeding concerning their home.
- The original complaint was dismissed for lack of factual detail, but Plaintiffs were given leave to amend.
- In their amended filings, Plaintiffs added three new defendants: Fein, Such, & Crain LLP; Blank Rome; and Pennymac Loan Svcs., LLC, alleging these defendants played roles in the foreclosure (as lawyers and creditor).
- Plaintiffs alleged their rights were violated in the 2019 state court foreclosure, claiming judicial bias, lack of due process, and fraudulent transactions.
- The Plaintiffs requested $100,000 from each defendant for claimed financial and emotional harm.
- The federal court found the amended complaint still failed to state valid claims and dismissed the case, denying further leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial Immunity | Acker acted without jurisdiction | Actions were within judicial capacity | Dismissed as Judge Acker is immune |
| Section 1983 Liability of Private Parties | Private actors implicated in rights violation | Private defendants not state actors | Private parties not liable under § 1983 |
| Failure to State a Claim | Defendants engaged in fraud/deprivation | No personal involvement or legal basis | Claims dismissed for failure to state claim |
| Subject Matter Jurisdiction | Court should have jurisdiction | No diversity or federal question present | Federal jurisdiction lacking; dismissed |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (Section 1983 requires violation by state actor)
- Sykes v. Bank of America, 723 F.3d 399 (private parties generally not liable under § 1983)
- Ciambriello v. Cnty. of Nassau, 292 F.3d 307 (U.S. Constitution binds only government actors)
- Mills v. Fischer, 645 F.3d 176 (claims against judges immune from suit are frivolous)
- Kolari v. New York-Presbyterian Hosp., 455 F.3d 118 (discretion to decline supplemental jurisdiction over state law claims)
- Ruotolo v. City of New York, 514 F.3d 184 (leave to amend can be denied if defects persist)