Marcello v. Maine

ORDER ON DEFENDANT’S MOTION TO DISMISS

WOODCOCK, District Judge.

The state of Maine, the Third District Court of Newport, and William Anderson, a judge of the Maine District Court, move to dismiss James and Olivia Marcello’s law suit under 42 U.S.C. § 1983. 1 The Court concludes that Judge Anderson is absolutely immune under the doctrine of judi cial immunity; that the Third District Court of Newport is absolutely immune under the doctrine of judicial immunity, is not a “person” under § 1983, and is immune under the doctrine of sovereign immunity; that the state of Maine is not a “person” under…