Tsitrin v. Lettow
888 F. Supp. 2d 88
D.D.C.2012Background
- Tsitrin, a pro se plaintiff, sues Judge Lettow for common law fraud and negligence tied to Judge Lettow’s handling of a prior Court of Federal Claims action.
- Lettow moved to dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6), arguing judicial immunity and sovereign immunity, and lack of exhaustion.
- Tsitrin previously filed a 2005 suit in the Court of Federal Claims challenging the government’s cataloging-in-publication policy; that case was dismissed and affirmed on appeal, with Supreme Court denial of certiorari.
- Tsitrin alleges Lettow’s opinion and order were based on invented facts, denied his opportunity to dispute those facts, and were unfair, fraudulent, and negligent.
- The court dismisses as to Lettow for failure to state a claim; it also dismisses FTCA claims against the United States for lack of subject matter jurisdiction due to exhaustion and the certification under 28 U.S.C. § 2679(d).
- The U.S. Attorney certified that Lettow acted within the scope of employment, making the United States the proper substituted defendant; Tsitrin did not adequately rebut this, and the FTCA claims fail for lack of exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial immunity bars the claim against Lettow | Tsitrin argues misconduct defeats immunity | Lettow is absolutely immune for official acts | Dismissal for failure to state a claim against Lettow |
| FTCA claims vs. United States lack jurisdiction | Exhaustion not adequately addressed by defendant | FTCA applies; exhaustion required; certification controls | FTCA claims dismissed for lack of exhaustion and jurisdiction |
| Effect of § 2679(d) certification | Certification does not foreclose claim | Certification makes United States substituted defendant | Certification applies; United States proper defendant; claims fail |
Key Cases Cited
- Caldwell v. Kagan, 455 F. App’x 1 (D.C. Cir. 2011) (judicial immunity from official acts; dismissal under 12(b)(6))
- Forrester v. White, 484 U.S. 219 (U.S. 1988) (absolute immunity for judges for official acts)
- Stump v. Sparkman, 435 U.S. 349 (U.S. 1978) (judicial immunity extends to judicial acts)
- Sierra Club v. Jackson, 648 F.3d 848 (D.C. Cir. 2011) (plausibility standard; liberal construction for pro se plaintiffs)
- Benoit v. United States Dept. of Agriculture, 608 F.3d 17 (D.C. Cir. 2010) (FTCA exhaustion and scope considerations; sovereign immunity)
- Abdurrahman v. Engstrom, 168 F. App’x 445 (D.C. Cir. 2005) (FTCA exhaustion and administrative remedies)