Montgomery Blair Sibley v. Frank Paul Geraci, Jr., et al.

District Court Judge Elizabeth A. Wolford of the Western District of New York held, and the Second Circuit affirmed, that District Court Judge Frank Paul Geraci, Jr. enjoys absolute immunity to: (i) a claim of his violation of the “good behavior” condition subsequent found in Article III, Section 1 of the Constitution and (ii) a Constitutional cause of action grounded upon Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Moreover, Judge Wolford sua sponte dismissed and deemed frivolous those and other claims without allowing Petitioner to be “heard” prior to the dismissal. These holdings raise three substantial federal questions that warrant immediate review by this Court:

1. Whether a District Court Judge runs afoul of due process by a sua sponte dismissal of Petitioner’s Complaint without “hearing” argument and then deeming that Complaint, and thus Petitioner, frivolous?

2. Whether the Constitutional authority to remove a federal judge from office is a power exclusively granted to Congress or a concurrent limited grant of power to Congress and, under the Ninth and Tenth Amendments, otherwise wholly reserved to the People?

3. Whether absolute judicial immunity is a bar to a Bivens claim arising from the First Amendment right to petition? -l-