UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 04-4151
JANET BEDDINI, Appellant
v.
THOMAS H. DILTS, Presiding Judge Superior Court
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)
OPINION
PER CURIAM
Janet Beddini appeals the District Court’s order granting appellee’s
motion to 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).