Tenant Who Lost in Housing Court Can't Sue in Federal Court

Tenant, a poor person representing herself, sued various state judges and court clerks, the DHCR, her landlord, and others for $12 million in federal court, claiming violations of her constitutional rights during 2008 and 2010 housing court actions. Tenant had filed five similar prior actions in federal court, all of which had been dismissed. The court dismissed tenant’s new action as well. The court had previously issued an order barring tenant from filing new actions without court permission. The new action was frivolous and malicious. Tenant can’t seek review of actions taken in state court simply because she lost her case there. The state courts, the DHCR, judges, and other state court employees sued also are immune from claims based on a claimed failure to manage a court calendar properly. Tenant couldn’t sue landlord in federal court because they were private parties not subject to lawsuit under 42 USC Section 1983. Finally, any further appeal wouldn't be taken in good faith, so tenant couldn't continue to file as a poor person to avoid filing fees.

Manko v. Ruchelsman: Index No. 12-CV-4100, 2012 WL 4034038 (EDNY; 9/10/12; Matsumoto, DJ)