Janet Beddini v. THOMAS H. DILTS, P.J.S.C. Jan Beddini

CPS-177 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 04-4151
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JANET BEDDINI
v.
THOMAS H. DILTS, P.J.S.C.
Jan Beddini,
Appellant
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On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civ. No. 04-cv-03526)
District Judge: Honorable Stanley R. Chesler
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)
March 24, 2005
BEFORE: ALITO, McKEE and AMBRO, CIRCUIT JUDGES
(Filed June 3, 2005)
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OPINION
_______________________
PER CURIAM
Janet Beddini appeals the District Court’s order granting appellee’s motion to

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dismiss. We conclude that the District Court’s decision was proper, and, therefore, will
dismiss this appeal pursuant to 28 U.S.C. § 1915(e).
In July 2004 Beddini filed a complaint pursuant to 42 U.S.C. §§ 1983, 1985 &
1986. She alleged that Honorable Thomas H. Dilts, Presiding Judge, Superior Court of
Somerset County, New Jersey, violated her Fourteenth Amendment rights when he ruled
on her motions in her family law case. Judge Dilts filed a motion to dismiss the
complaint pursuant to Fed. R. Civ. P. 12(b)(1), (2) and (6), which was granted by the
District Court. Beddini timely appealed.
We have jurisdiction pursuant to 28 U.S.C. § 1291. We may dismiss this appeal
pursuant to 28 U.S.C. § 1915(e)(2)(B) if it has no arguable basis in law or fact. Neitzke
v. Williams, 490 U.S. 319, 325 (1989).
The District Court granted the motion to dismiss and concluded that Judge Dilts
was absolutely immune from suit. We agree. Judge Dilts acted in his judicial capacity
when ruling on the motions at issue. See Mireles v. Waco, 502 U.S. 9, 11 (1991).
Beddini’s claim that Judge Dilts conspired with others or acted maliciously does not alter
the application of judicial immunity to this case. See Pierson v. Ray, 386 U.S. 547, 554
(1967); see, e.g., Dennis v. Sparks, 449 U.S. 24, 26-27 (1980).
For the foregoing reasons, we will dismiss Beddini’s appeal pursuant to
§ 1915(e)(2).

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