Ross v. Arnold

DECISION AND ORDER

REYNOLDS, Chief Judge.

The plaintiff, Donald Ross, has brought an action for damages under 42 U.S.C. § 1983 against Robert Arnold, the Walworth County Family Court Commissioner. Ross asserts that Judge Arnold denied him his Fourteenth Amendment right to due process of law. Arnold has moved to dismiss on the grounds of absolute judicial immunity. A motion to dismiss for failure to state a claim tests only the sufficiency of a complaint. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). Further, a motion for failure to state a claim should not be…