FILED

United States Court of Appeals

Tenth Circuit

March 15, 2022

Christopher M. Wolpert

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

 

NIGEL RAY LACHEY,

Plaintiff - Appellant,

v.

JANE C. LEVY; RACHELLE

KLUMP,

Defendants - Appellees.

No. 21-2156

(D.C. No. 1:21-CV-01093-RB-LF)

(D.N.M.)

 

ORDER AND JUDGMENT

*

 

Before HARTZ, BALDOCK, and McHUGH, Circuit Judges.

**

 

Plaintiff Nigel Lachey, appearing pro se, appeals the district court’s dismissal

of his amended civil rights complaint. See 42 U.S.C. § 1983. The court dismissed

the amended complaint on the basis of absolute immunity. We exercise jurisdiction

under 28 U.S.C. § 1291 and summarily affirm. The amended complaint alleges

Defendants, New Mexico state district judge Jane Levy and state hearing officer

* This order and judgment is not binding precedent except under the doctrines

of law of the case, res judicata, and collateral estoppel. It may be cited, however,

for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

** After examining Defendant’s brief and the appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).

The case is therefore submitted without oral argument.

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Rachelle Klump, deprived Plaintiff of due process of law when they declined to

admit into evidence in a state child-support proceeding a notarized statement from

Plaintiff’s ex-wife stating Plaintiff would not be required to pay her child support.

According to Plaintiff, Defendants illegally “denied admission of evidence . . . that

meets the ‘self-authenticating’ evidence rules of the state of New Mexico NMRA 11-

902(2).” Plaintiff’s amended complaint seeks both actual and punitive damages

against Defendants.

Plaintiff’s federal complaint likely fails for any number of reasons.

1 But, as

the district court held, it undoubtedly fails based on the doctrines of absolute judicial

and quasi-judicial immunity. The Supreme Court has recognized the absolute

immunity of judges from civil damage lawsuits for conduct within their judicial

function. Pierson v. Ray, 386 U.S. 547, 554–55 (1967). And the Tenth Circuit has

recognized that hearing officers acting in a quasi-judicial fashion enjoy the same

absolute immunity as judges. Guttman v. Khalsa, 446 F.3d 1027, 1033 (10th Cir.

2006). Only a complaint that alleges facts suggesting a defendant judge or hearing

officer was not acting in a judicial or quasi-judicial capacity can overcome a motion

to dismiss based on absolute immunity. Id. at 1033–34. The facts alleged in

1 The record is unclear whether Plaintiff is seeking or has sought relief from

his child-support obligation in the New Mexico appellate courts by way of direct

appeal. Therefore, we do not consider the applicability of the Rooker-Feldman

doctrine to Plaintiff’s lawsuit. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp.,

544 U.S. 280 (2005).

2

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Plaintiff’s amended complaint make no such suggestion; rather they suggest quite the

contrary. A decision on the admissibility of evidence in judicial and quasi-judicial

proceedings is an integral part of the judicial process and renders the decision-maker

absolutely immune from suit based on such decision. Benavidez v. Howard, 931 F.3d

1225, 1234 (10th Cir. 2019) (Baldock, J., concurring) (setting forth the law as to

when absolute immunity protects a public official involved in litigation).

Accordingly, Plaintiff’s motion to proceed on appeal in forma pauperis is

granted and the judgment of the district court dismissing his amended complaint is

AFFIRMED.

Entered for the Court,

Bobby R. Baldock

United States Circuit Judge

3

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