Chalupowski v. DiGangi ( 2005 )

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-1516
CHESTER J. CHALUPOWSKI, JR., ET AL.,
Plaintiffs, Appellants,
v.
PETER C. DIGANGI, INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS ASSOCIATE JUSTICE OF THE PROBATE AND
FAMILY COURT OF ESSEX COUNTY,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Richard Stearns, U.S. District Judge]
Before
Selya, Lynch and Lipez,
Circuit Judges.
Chester J. Chalupowski, Jr. and Malgorzata B. Chalupowski on
brief pro se.
David Hadas, Assistant Attorney General and Thomas F. Reilly
Attorney General, on brief for appellee.
December 13, 2005
Per Curiam. The pro se appellants, Chester and
Malgorzata Chalupowski, appeal from a district court decision
dismissing their 42 U.S.C. § 1983 suit against a state court judge.
We affirm.
After careful review of the record and the parties'
arguments, we conclude that the district judge correctly determined
that the state judge was absolutely immune from suit. The
Chalupowskis' appellate arguments on that score are unpersuasive.
See, e.g., Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988)
(per curiam) (finding that a state judge was immune even though he
had ruled on a contempt petition after an appeal from a different
ruling had been filed). We also note that the district court had
no obligation to entertain their claim for declaratory relief. See
Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995) (stating that
district courts have "unique and substantial discretion" in
deciding whether to consider claims for declaratory relief).
Affirmed. See 1st Cir. Loc. R. 27(c).
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