Marlene S. Falade v. Williams, 490 U.S. 319, 325 1989 . The District Court properly dismissed Falade’s…

1
BLD-221 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-4260
________________
MARLENE S. FALADE,
Appellant
vs.
UNITED STATES OF AMERICA
____________________________________
On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civ. No. 05-cv-03817 )
District Judge: Honorable William J. Martini
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)
May 10, 2007
BEFORE: McKEE, FUENTES and WEIS, CIRCUIT JUDGES
(Filed June 6, 2007)
_______________________
OPINION
_______________________
PER CURIAM.
Marlene S. Falade filed a complaint in forma pauperis against the United
States in the United States District Court for the District of New Jersey. Invoking 42
U.S.C. § 1983, she alleged that the United States was vicariously liable as an employer or
liable under a failure-to-train theory for the actions of judges in the United States District

-- 1 of 3 --

2
Court in the Southern District of Florida. She claimed that judges there had denied her
motions for recusal and had dismissed her cases in contravention of the United States
Constitution. She sought five million dollars in damages and transfers and summary
judgments in her now-closed Florida cases.
The District Court, screening Falade’s complaint pursuant to 28 U.S.C.
§ 1915A, dismissed it as frivolous under 28 U.S.C. § 1915(e)(2)(B). Falade filed a
motion for reconsideration, which the District Court denied. Falade appeals.
We will dismiss Falade’s appeal pursuant to 28 U.S.C. § 1915(e)(2)(B). It
has no arguable basis in fact or law. See Neitzke v. Williams, 490 U.S. 319, 325 (1989).
The District Court properly dismissed Falade’s complaint. Among other infirmities with
the pleading, Falade could not hold the United States liable under a respondeat-superior
theory of liability. See Rode v. Dellaciprete, 845 F.2d 1195, 1207 (3d Cir. 1988).
Furthermore, other than noting that the judges’ conduct had “bearings on ‘Failure to Train
as a Theory of Section 1983 Liability in the 11th Circuit,’” Falade did not point to any
constitutional violation, or any violation resulting from a policy, practice or custom of the
United States so as to state a failure-to-train claim. Cf. Monell v. Dep’t of Soc. Servs.,
436 U.S. 658, 690-91 (1978). Also, the judges themselves retained judicial immunity
from damages for the acts underlying Falade’s claims against the United States, even if
any “action . . . was in error, was done maliciously, or was in excess of [the judge’s]
authority.” Stump v. Sparkman, 435 U.S. 349, 356 (1978). Moreover, to the extent that
Falade asked the District Court to transfer or rule on her cases, she sought relief in the

-- 2 of 3 --

1 We take judicial notice, see Southern Cross Overseas Agencies, Inc. v. Wah Kwong
Shipping Group Ltd., 181 F.3d 410, 426-27 (3d Cir. 1999), of the fact that Falade’s
Florida cases were closed in 2004.
3
wrong court. Her remedy, if she has any at this late date, 1 would be in the United States
District Court for the Southern District of Florida or the Court of Appeals for the
Eleventh Circuit.
Just as the District Court properly dismissed Falade’s complaint, it properly
denied her motion for reconsideration. She presented no basis for reconsideration. Nor
does she have a meritorious argument on appeal. Accordingly, this appeal will be
dismissed under 28 U.S.C. § 1915(e)(2)(B).

-- 3 of 3 --