Free Case Transferred In - District Transfer - District Court of Delaware - Delaware

Case 1:05-cv-OO567—G|\/IS Document 5-8 Filed 08/O4/2005 Page , "
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it ‘ IN THE UNITED STATES DISTRICT COURT
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a§¥M JOSEPH GIELATA : CIVIL ACTION }E§f.e yy
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szzm LUGG, = 5·._.! . ;¤;7· __Hi=
THE STATE OF DELAWARE , ; ' ri
ANDREA ROCANELLI, and : ,@$?§igps;f
THE OFFICE OF DISCIPLINARY : 5 °
COUNSEL FOR THE SUPREME COURT : NO. 05-CV-4099
OF DELAWARE :
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ORDER
AND NOW, this 2m day of August, 2005, it appearing that:
A. This court lacks jurisdiction to enjoin a state court
criminal prosecution. See Younger v. Harris, 401 U.S. 36
(1971); 28 U.S.C. § 2283.
B. A prosecutor has absolute immunity from claims under 42
U.S.C. § 1983 for seeking an indictment. See Malley v.
Briggs, 475 U.S. 335, 343 (1986). Under state law, the Deputy
Attorney General has absolute immunity “from all civil claims
or causes of action founded upon an act or omission arising
out of the performance of an official duty...” Del. Code Ann.
tit. 10, § 4001 (2005).
C. The State of Delaware is immune from civil suits by its
own citizens under the Eleventh Amendment to the Constitution
of the United States unless consent to be sued is
“uneguivocally expressed.” Pennhurst State School a Hosp. v.
Halderman, 465 U.S. 89, 99 (1984). The State of Delaware has
not expressed its consent to be sued under this cause of
action.
D. A federal district court has jurisdiction under 28 U.S.C.
§ 1343 over claims of federal civil rights violations in a
state bar disciplinary hearing because such a hearing is not a
“state proceeding" under 28 U.S.C. § 2283. See Taylor v.
Kentucky State Bar Ass’n, 424 F.2d 478, 482 (6th Cir. 1970).
E. It is probable that proper venue for this cause of action
lies in the District of Delaware, where it could have been
brought. Even if venue lies in the Eastern District of
Pennsylvania, most of the parties and witnesses relating to

Case 1:05-cv-OO567—G|\/IS Document 5-8 Filed 08/O4/2005 Page 2 of 2
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, this action are located in Delaware. Transfer to the District
of Delaware will therefore serve the convenience of the
parties and witnesses.
It is ORDERED that:
l. Defendants Sean Lugg and The State of Delaware are
DISMISSED for lack of jurisdiction.
2. This action shall be TRANSFERRED FORTHWITH to the United
States District Court for the District of Delaware under 28
U.S.C. l404(a).
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Norma L. Shapiro, S.J.
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