Walker v. Cholakis

MEMORANDUM DECISION AND ORDER I. INTRODUCTION   This action concerns alleged violations of pro se plaintiff Alisha C. Walker’s First, Fifth, and Fourteenth Amendment rights. Dkt. No. 1 (“Complaint”). Plaintiff asserts claims under 42 U.S.C. §§1983 and 1985 against the Honorable Catherine Cholakis, a judge of the Family Court of New York, Rensselaer County (“Judge Cholakis”), and attorneys Joseph Drescher (“Drescher”) and Matthew Foley (“Foley”) (collectively, “Defendants”). Compl. 1. Plaintiff seeks damages of at least $1,000,000 against Defendants individually and collectively. Id.

49-52. Before the Court are three motions to dismiss made pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6): one filed by Foley, Dkt. Nos. 10 (“Foley Motion to Dismiss”); 10-1 (“Foley Memorandum”); 10-24 (“Foley Affidavit”); one filed by Drescher, Dkt. Nos. 13 (“Drescher Motion to Dismiss”); 13-1 (“Drescher Memorandum”); and one filed by Judge Cholakis, Dkt. Nos. 15 (“Cholakis Motion to Dismiss”); 15-1 (“Cholakis Memorandum”) (collectively, “Motions to Dismiss”). Plaintiff did not respond to any motion. For the following reasons, the Court grants Defendants’ Motions to Dismiss. II. BACKGROUND The Court draws all facts, which are assumed to be true, from the Complaint. Bryant v. N.Y. State Educ. Dep’t, 692 F.3d 202, 210 (2d Cir. 2012). Plaintiff’s claims stem from a pending custody action in Rensselaer County Family Court (“Family Court”). Plaintiff commenced the action in Family Court on November 15, 2018, against the father of her children, Luke Walker (“Walker”) (who is represented by Drescher in the state court proceeding). Id. 4. Foley was appointed as an attorney for A.W. and T.W. (“Plaintiff’s children”) by Judge Kehn. Id. 5. The case was later transferred to Judge Cholakis, who issued orders on May 31, 2019 and August 19, 2019, granting temporary custody of Plaintiff’s children to Walker. Id. 11. In response to this temporary custody ruling, Plaintiff brought this action against Defendants on October 18, 2019. Id. 2. A. Plaintiff’s Factual Allegations and Claims Plaintiff alleges that Drescher and Foley conspired with Judge Cholakis to deprive her and her children of their civil and constitutional rights. Compl.