Scott Moffett v. R. Bryant, 751 F.3d 323

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Scott Brame MOFFETT, Plaintiff-Appellant v. R. Rick BRYANT, Defendant-Appellee.

No. 13-30781.

United States Court of Appeals, Fifth Circuit.

May 1, 2014.

323

upon an erroneous belief that it lacked the authority to depart.” United States v. Alaniz, 726 F.3d 586, 627 (5th Cir.2013). Nothing in the record here suggests that the district court held such a belief; therefore, we reject Jefferson‘s argument and do not reach its merits.⁷ See id.

III.

For the foregoing reasons, we AFFIRM Jefferson‘s conviction and sentence.

We likewise do not consider Jefferson‘s argument that her defense counsel was ineffective because his law firm also represented SDRHA‘s Board of Commissioners at the same time he represented her. “‘Sixth Amendment claims of ineffective assistance of counsel should not be litigated on direct appeal, unless they were previously presented to the trial court.‘” United States v. Isgar, 739 F.3d 829, 841 (5th Cir.2014) (quoting United States v. Aguilar, 503 F.3d 431, 436 (5th Cir. 2007)). Jefferson did not raise an ineffective-assistance-of-counsel claim with the district court, nor is the record sufficiently developed for us to review her claim. See id. We therefore deny her claim without prejudice to collateral review.

lawsuit against R. Rick Bryant, a Louisiana state court judge, alleging a deprivation of civil rights. The district court granted Bryant‘s motion to dismiss and entered final judgment. Moffett timely appeals. We AFFIRM.

I

Defendant-Appellee R. Rick Bryant was a judge for the 14th Judicial District Court, Calcasieu Parish, Louisiana. In this capacity, Bryant presided over a custody proceeding between Mr. Moffett and his ex-spouse, Lauren Lee Moffett. According to the complaint, Bryant granted favorable rulings to Ms. Moffett, including domiciliary custody of their minor children during the school year. After growing suspicious that Bryant and Ms. Moffett maintained an undisclosed social relationship with one another, Mr. Moffett filed a motion to recuse Judge Bryant.

Jill Leininger Craft, Esq., Jill Craft, L.L.C., Baton Rouge, LA, for Plaintiff-Appellant.

David Glen Sanders, Assistant Attorney General, Louisiana Department of Justice, Litigation Division, Bridget Benoit Denicola, Assistant Attorney General, Office of the Attorney General Douglas Gist Swenson, Office of Attorney General, for the State of Louisiana, Baton Rouge, LA, for Defendant-Appellee.

A recusal hearing was then held before Judge Robert Wyatt. At this hearing, Bryant testified that he had only briefly spoken with Ms. Moffett. Based upon this testimony and Ms. Moffett‘s testimony, Judge Wyatt denied the motion to recuse.

Mr. Moffett later renewed the recusal motion. In response, Bryant issued an order recusing himself, citing “his friendship with Lauren Moffett.” He explained “that after handling the custody case he had contact on a social basis with Lauren Moffett,” and that he “has had contact on a social basis with Laura [sic] Moffett concerning some non-legal, non-court related topics.” At the subsequent recusal hearing on the renewed motion, the court held that Judge Bryant should have recused himself from the case at the beginning, and should have done so on the basis of his relationship with Ms. Moffett. A newly assigned judge then set aside and rendered as absolute nullities all of Bryant‘s orders entered in the custody proceeding.

Before STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Plaintiff-Appellant Scott Brame Moffett brought a 42 U.S.C. §§ 1983 and 1985 lawsuit against R. Rick Bryant, a Louisiana state court judge, alleging a deprivation of civil rights. The district court granted Bryant‘s motion to dismiss and entered final judgment. Moffett timely appeals. We AFFIRM.

Mr. Moffett then filed this suit, seeking monetary damages under 42 U.S.C. §§ 1983 and 1985. Mr. Moffett alleges that to prevent Bryant from being recused, Bryant and Ms. Moffett conspired to make false statements at the first recusal hearing about the amount of contact they had with one another. Bryant moved for threshold dismissal, arguing (i) that he should be afforded absolute judicial or witness immunity, (ii) that the § 1983 claim should be dismissed as inadequately pled because he was not acting under color of law when he testified, and (iii) that the § 1985 claim should also be dismissed as inadequately pled because Mr. Moffett fails to allege any class-based animus. The district court granted the motion, dismissing the claims against Judge Bryant. In granting the motion, the district court concluded that although neither immunity applied to Bryant‘s testimony,¹ the complaint failed to allege that Judge Bryant was acting under color of law when he testified at the recusal hearing, and failed to allege any class-based animus, as § 1985 requires. After Mr. Moffett and Ms. Moffett settled the remaining claims, the district court entered final judgment, and Mr. Moffett timely appeals.

II

We “review a district court‘s dismissal under Rule 12(b)(6) de novo, ‘accepting all well-pleaded facts as true and viewing those facts in the light most favorable to the plaintiffs.‘”² To survive threshold dismissal, “plaintiffs must plead ‘enough facts to state a claim to relief that is plausible on its face.‘”³

Mr. Moffett argues that the district court erred in concluding that he failed to plead sufficient facts to render his § 1983 claim plausible. Mr. Moffett explains that the district court‘s conclusion that Bryant was not acting under color of law while testifying at the recusal hearing was improperly based upon the district court‘s previous conclusion that judicial immunity did not apply because Bryant was not performing a judicial function. Mr. Moffett argues that the analysis properly looks to the status of the officer, not simply the function being performed, and accordingly, he argues that Bryant was acting under the color of law as a witness at his recusal hearing because of his ‘status’ as a judge.

We need not reach the question of whether Bryant was acting under the color of law, because the complained of acts occurred while Bryant was testifying as a witness in an adversarial hearing. As the Supreme Court has repeatedly made clear, in the § 1983 context, “a trial witness has absolute immunity with respect to any claim based on the witness’ testimony.”⁴ This is because “a witness’ fear of retaliatory litigation may deprive the tribunal of critical evidence [and] ... the possibility of civil liability [is] not needed to deter false testimony at trial because other sanctions ... provide[ ] a sufficient deterrent.”⁵ And we have explained that the “reason for granting absolute immunity to a witness against claims arising from testimony ‘applies with equal force in both trial and [adversarial] pretrial settings.‘”⁶ Here, Bryant‘s testimony was adduced in the course of an adversarial proceeding. Bryant was a witness, under oath, subject to criminal liability for perjury, and available for cross-examination. Accordingly, when Bryant testified, he was testifying as a witness in an adversarial proceeding and is thus absolutely immune from § 1983 liability.

We turn next to Mr. Moffett‘s claim under § 1985, and we conclude that the § 1985 claim is inadequately pled, because a violation under § 1985 requires “class-based, invidiously discriminatory animus behind the conspirator‘s action.”⁷ Here, Mr. Moffett contends that he was denied equal protection based on his gender “because of the ‘relationship’ between [Judge] Bryant and [Ms.] Moffett, the caliber of which he, as a man, could not and did not have with [Judge] Bryant.” But Mr. Moffett offers no legal authority, nor are we aware of any, to support his claim that such facts demonstrate gender-based discrimination. At best, Mr. Moffett has alleged the existence of individual bias based upon a personal social relationship — a far cry from class-based discriminatory animus.⁸ Accordingly, Mr. Moffett has failed to plead sufficient facts to plausibly demonstrate class-based discriminatory animus behind the alleged conspirators’ action.

For these reasons, we AFFIRM.

PATRICK E. HIGGINBOTHAM

UNITED STATES CIRCUIT JUDGE

Notes

1

1. Specifically, the district court held that “to the extent that plaintiff claims damages for the decision of [Bryant] in his judicial capacity ... Bryant is entitled to absolute judicial immunity,” but “Bryant‘s testimony at his own recusal hearing cannot be said to have been a normal judicial function for which he is afforded judicial immunity.” The district court then considered the question of witness immunity, and, applying Louisiana law, concluded that “in light of the facts of this case in particular, this court does not see any redeeming legal or societal value in protecting that particular testimony from civil liability for any damages resulting therefrom.”

2

2. Doe ex rel. Magee v. Covington Cnty. Sch. Dist. Ex rel. Keys, 675 F.3d 849, 854 (5th Cir.2012) (en banc) (internal citation omitted).

3

3. Id. (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

4

4. Rehberg v. Paulk, — U.S. —, 132 S.Ct. 1497, 1505, 182 L.Ed.2d 593 (2012) (citing Briscoe v. LaHue, 460 U.S. 325, 332-33, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983)).

5

5. Id. at 1505 (citing Briscoe, 460 U.S. at 342).

6

6. Moore v. McDonald, 30 F.3d 616, 619 (5th Cir.1994) (quoting Holt v. Castaneda, 832 F.2d 123, 125 (9th Cir.1987)). The Supreme Court has extended the same immunity to witnesses in grand jury proceedings. See generally Rehberg, 132 S.Ct. 1497.

7

7. Jefferson argues that during discovery the government did not disclose potentially exculpatory evidence, in violation of its obligations under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and any agreements in relation to witnesses’ testimony, in violation of its obligations under Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). Jefferson‘s conclusory assertion of unspecified Brady and Giglio violations is inadequately briefed and we therefore decline to review it. See, e.g., Scroggins, 599 F.3d at 447 (“It is not enough to merely mention or allude to a legal theory.” (citation and internal quotation marks omitted)); see also Fed. R.App. P. 28. 7. Bryant v. Military Dep‘t, 597 F.3d 678, 687 (5th Cir.2010) (quoting Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971)).

8

8. See, e.g., Bray v. Alexandria Women‘s Health Clinic, 506 U.S. 263, 269-70, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993) (finding no animus because conspirators’ actions were not “motivated by a purpose directed specifically at women as a class” and that “the ‘animus’ requirement does demand ... at least a purpose that focuses upon women by reason of their sex“).

Case Details

Case Name: Scott Moffett v. R. Bryant

Court Name: Court of Appeals for the Fifth Circuit

Date Published: May 1, 2014

Citations: 751 F.3d 323; 2014 WL 1716987; 2014 U.S. App. LEXIS 8253; 13-30781

Docket Number: 13-30781

Court Abbreviation: 5th Cir.