United States Second Circuit

Following conviction and sentence for attempting to commit a criminal sexual act against his former wife, and for twenty-two counts of criminal contempt for violating a protective order obtained against him, plaintiff filed a complaint alleging that he had been convicted in violation of his constitutional rights to a fair trial and due process. Order dismissing plaintiff’s complaint for failure to state a claim to relief is affirmed, where: 1) plaintiff fails to state a claim to relief because the actors who allegedly violated his constitutional rights are entitled to absolute immunity; 2) 42 U.S.C. section 1983 does not recognize a declaration of innocence, standing alone, as a cognizable form of relief; and 3) when a plaintiff seeks a declaration that there was a past injury but claims no damages or injunction against future behavior, there is no section 1983 claim because there is no true case or controversy.

Appellate Information

• Decided 10/20/2014
• Published 10/20/2014

Judges

Court

• United States Second Circuit

Counsel