Teichmann v. State of New York

Plaintiff, convicted of attempting to commit a criminal sexual act against his ex-wife and twenty-two counts of criminal contempt for violating a protective order that his ex-wife obtained against him, filed a pro se complaint alleging that he had been convicted in violation of his constitutional rights to a fair trial and due process. The district court construed his amended complaint as a habeas petition under 28 U.S.C. 2254 but dismissed it for failure to allege that he was still in custody, or that he had exhausted his state remedies. The court assumed, without deciding, that plaintiff has a cognizable cause of action directly under the Sixth and Fourteenth Amendments. The court also considered plaintiff's claim under 42 U.S.C. 1983. The court concluded that, under any of these bases, defendant failed to state a claim of relief where the only actors whom plaintiff asserts violated his constitutional rights are entitled to absolute immunity. Accordingly, the court affirmed the judgment of the district court on an alternative ground. The court dismissed without considering the Heck v. Humphrey issues discussed by the district court. View "Teichmann v. State of New York" on Justia Law