Emiabata v. Shannon
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 2 months 2 weeks ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- No. 25-2352 (2nd Circuit, Dec 04,2025) Not Published
- Tag(s):
-
- Ruling:
- The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing with prejudice a pro se civil complaint against a bankruptcy judge for damages and injunctive relief filed by disgruntled chapter 13 debtors after the dismissal of their bankruptcy case. The district court screened the complaint after granting the debtors in forma pauperis status and properly held the judge was entitled to judicial immunity, warranting the complaint's dismissal.
- Procedural context:
- The Third Circuit explained the conduct alleged in the complaint only concerned the bankruptcy judge's actions in his judicial capacity and "failed to allege that [the judge]’s dismissal of [the debtors'] Chapter 13 petition was in the absence of jurisdiction or otherwise not protected by judicial immunity." Moreover, the Third Circuit recently had held that the bankruptcy judge had the authority to dismiss the debtors' case; thus, even though "[f]ederal judges are also immune to claims for injunctive relief[,] the relief the debtors sought--reinstatement of their case--was unwarranted. Finally, while the debtors argued the complaint should not have been dismissed with prejudice without affording them leave to amend, the Third Circuit agreed with the district court that any amendment would have been futile under the circumstances.
- Facts:
- Debtors/Appellants Philip and Sylvia Emiabata, pro se, filed a chapter 13 bankruptcy petition in the U.S. Bankruptcy Court for the District of Delaware. U.S. Bankruptcy Judge Brendan Linehan Shannon dismissed the case because Mr. Emiabata was then subject to a four-year bar on filing a bankruptcy petition in any jurisdiction. After the dismissal, Debtors filed a pro se civil complaint against Judge Shannon, individually and in his official capacity, in the U.S. District Court for the District of Delaware. The complaint asserted "a number of causes of action, including Bivens claims and allegations of treason[,]" and "sought compensatory, nominal, and punitive damages, as well as injunctive or declaratory relief." Because Debtors requested and received leave to proceed in forma pauperis, the district court screened the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and dismissed the case. It held the complaint did not state a plausible claim as Judge Shannon was entitled to absolute immunity from suit for his judicial acts. Debtors then filed a pro se appeal from the dismissal order to the Third Circuit. As an aside, a review of an online legal research database appears to reflect that Debtors, acting pro se, have filed or participated in a considerable number of civil litigation and bankruptcy cases across the country.
- Judge(s):
- Krause, Restrepo, and Porter
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