SULLIVAN v. REA, 3:17-cv-07977

Plaintiff Dexter Sullivan, a pretrial detainee proceeding pro se under 42 U.S.C. § 1983, challenged conduct in his Middlesex County criminal case by Judge Joseph L. Rhea and Assistant Prosecutor Russell J. Curley.
Sullivan alleged Judge Rhea repeatedly adjourned a motion to dismiss the indictment, depriving him of a timely hearing, and that Curley opposed the motion and conspired with the judge.
Sullivan also alleged Curley abused the grand jury process and sought injunctive relief: an order compelling a hearing and removing Rhea and Curley from the state case.
The Court screened the complaint under 28 U.S.C. §§ 1915(e) and 1915A and treated Sullivan’s allegations as stating (a) a conspiracy claim against Curley and (b) a malicious prosecution claim against Curley, plus claims against Judge Rhea.
The Court found Judge Rhea entitled to absolute judicial immunity for acts in his judicial capacity and dismissed claims against him with prejudice.
The Court dismissed the conspiracy claim against Curley with prejudice for failure to plead agreement or concerted action; the malicious-prosecution claim was dismissed without prejudice because the criminal proceeding had not been shown to have terminated in Sullivan’s favor (and later developments suggested he was sentenced, which would further preclude that claim).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether claims against Judge Rhea may proceed	Rhea’s adjournments violated Sullivan’s due process and he sought an order compelling a hearing/removal	Judge Rhea acted in judicial capacity and is immune from suit	Dismissed with prejudice: absolute judicial immunity bars § 1983 relief (injunctive relief also barred)
Whether Sullivan adequately pleaded a § 1983 conspiracy against Curley	Curley conspired with Rhea to deny due process by repeatedly adjourning the motion	No factual allegations of agreement or concerted action; conclusory allegation insufficient	Dismissed with prejudice: complaint fails to plead agreement or overt acts in furtherance of a conspiracy
Whether Sullivan stated a malicious prosecution claim against Curley	Curley initiated/abused grand jury process and lacked probable cause	Plaintiff has not alleged the criminal proceeding ended in his favor; proceeding appears ongoing/ended adversely	Dismissed without prejudice: failure to allege favorable termination (subsequent sentencing indicates claim cannot be stated)

Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for factual allegations)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (conclusory allegations and parallel conduct insufficient to plead conspiracy)
Halsey v. Pfeiffer, 750 F.3d 273 (elements required for § 1983 malicious prosecution claim)
Johnson v. Knorr, 477 F.3d 75 (malicious prosecution elements in § 1983 context)
Kwasnik v. LeBlon, [citation="228 F. App'x 238"] (judicial officers entitled to absolute immunity)