Owens v. Armstrong
171 F. Supp. 3d 316
D.N.J.2016Background
- Owens, a New Jersey state prisoner, sued two Superior Court judges (Marino, Armstrong), two public defenders (Mignella, Black), and South Woods State Prison (SWSP) under § 1983, §§ 1985/1986, the ADA, and the Rehabilitation Act alleging failure to accommodate disability, denial of counsel of choice, retaliation, and a manufactured disciplinary charge arising from a May 2014 PCR proceeding.
- Owens sought video-conferencing accommodations for a May 29, 2014 PCR hearing; communications in the record indicate the hearing was adjourned and later held on August 22, 2014 via video-conference, at which Owens participated.
- Owens alleges Mignella (former counsel, later deputy public defender) and others retaliated against him by assigning inexperienced pool attorneys and by conspiring with judges and prison staff to sabotage his PCR process and to manufacture a disciplinary charge after he could not access non-ADA transport.
- He claims SWSP failed to provide ADA-compliant transport and cell accommodations (walker, accessible cell/rails), causing pain and delayed/denied medical care; he also alleges mail tampering by unidentified prison staff.
- Court screened the pro se prisoner complaint under 28 U.S.C. § 1915A: it dismissed many claims (and some defendants) but permitted Owens’ ADA failure-to-accommodate claim against SWSP to proceed and granted his motion for appointment of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial immunity for damages claims against judges | Owens: judges violated constitutional rights and conspired; seeks damages and injunctive relief | Judges: Eleventh Amendment bars official-capacity damages; judges are absolutely immune for judicial acts | Damages claims against judges dismissed with prejudice (Eleventh Amendment and absolute judicial immunity); injunctive claims dismissed without prejudice for failure to meet § 1983 injunctive relief standard |
| ADA / RA failure to accommodate | Owens: court and SWSP failed to provide video-conference and ADA transport/cell accommodations, causing harm | Defendants: state court provided accommodation (hearing adjourned and later held by video); RA requires federal funding that was not alleged | ADA claim against SWSP allowed to proceed (public entity); ADA/RA claims against judges dismissed (no individual liability; RA not pleaded as to federal funding); failure-to-accommodate claims against judges dismissed for failure to state claim but Owens may amend intentional-discrimination allegations |
| § 1983 and conspiracy claims against public defenders | Owens: Mignella and Black conspired with judges to deprive him of counsel of choice and PCR rights | Defendants: public defenders/pool counsel are not state actors when performing traditional counsel functions; no constitutional right to counsel in post-conviction collateral proceedings | § 1983 and § 1985/1986 claims against public defenders dismissed with prejudice (not state actors; no constitutional right to counsel in PCR) |
| Claims against SWSP for § 1983 (medical care, retaliation, mail tampering) | Owens: SWSP staff denied medical care, retaliated, and tampered with mail | Defendants: SWSP is not a "person" under § 1983; allegations are conclusory/lack specifics (no deliberate indifference, unclear protected activity, insufficient mail evidence) | § 1983 claims against SWSP dismissed with prejudice (facility not a person); ADA claim survives; Owens may move to amend to name individual officials and cure deficiencies |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaint must plead factual matter showing facial plausibility)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard for plausible claim)
- Stump v. Sparkman, 435 U.S. 349 (1978) (judicial immunity for judicial acts)
- Mireles v. Waco, 502 U.S. 9 (1991) (limits on judicial immunity; nonjudicial acts and acts in absence of jurisdiction)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (states and arms of the state are not "persons" under § 1983 for damages)
- Ex parte Young, 209 U.S. 123 (1908) (permits prospective injunctive relief against state officers for ongoing federal-law violations)
- Polk County v. Dodson, 454 U.S. 312 (1981) (public defender not acting under color of state law when performing traditional counsel functions)
- Estelle v. Gamble, 429 U.S. 97 (1976) (Eighth Amendment deliberate indifference standard for medical care in custody)
- Younger v. Harris, 401 U.S. 37 (1971) (abstention principles to avoid interference with ongoing state proceedings)