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James Lowry v. Carl B. Rubin, Judge

Citations: 23 F.3d 407; 1994 U.S. App. LEXIS 17546; 1994 WL 175784Docket: 93-3903

Court: Court of Appeals for the Sixth Circuit; May 9, 1994; Federal Appellate Court

Narrative Opinion Summary

James Lowry appealed the dismissal of his civil rights complaint under 42 U.S.C. § 1983 against federal Judge Carl Rubin, claiming a violation of his due process rights due to the judge's failure to hold a trial in a previous case. The district court dismissed the complaint as frivolous, finding Lowry's claims lacked merit. The appeal was reviewed by a panel of the Sixth Circuit, which agreed that oral argument was unnecessary. The panel affirmed the district court's decision, concluding that Lowry did not present any claims with an arguable or rational basis in law, referencing the standards set forth in Denton v. Hernandez and Neitzke v. Williams. The judgment was affirmed for the reasons articulated in the district court's order dated July 29, 1993.

Legal Issues Addressed

Appellate Review of District Court Dismissals

Application: The appellate court reviewed the district court's findings and affirmed the dismissal without oral argument, indicating that the dismissal was clear under established legal standards.

Reasoning: The appeal was reviewed by a panel of the Sixth Circuit, which agreed that oral argument was unnecessary. The panel affirmed the district court's decision.

Civil Rights Complaint Under 42 U.S.C. § 1983

Application: The appellant's complaint was dismissed as it was deemed frivolous, lacking merit, and without any arguable basis in law.

Reasoning: The district court dismissed the complaint as frivolous, finding Lowry's claims lacked merit.

Judicial Immunity in Civil Rights Actions

Application: The complaint against a federal judge for actions taken in a judicial capacity was dismissed since such actions are protected by judicial immunity.

Reasoning: James Lowry appealed the dismissal of his civil rights complaint under 42 U.S.C. § 1983 against federal Judge Carl Rubin, claiming a violation of his due process rights due to the judge's failure to hold a trial in a previous case.

Standard for Frivolous Claims

Application: The court applied the standard that a claim must have an arguable or rational basis in law to proceed, as outlined in Denton v. Hernandez and Neitzke v. Williams.

Reasoning: The panel affirmed the district court's decision, concluding that Lowry did not present any claims with an arguable or rational basis in law, referencing the standards set forth in Denton v. Hernandez and Neitzke v. Williams.