No. 24-6901

Junior-Tony Dieujuste v. Jessica Sin, Judge, Family Court of New York, Queens County, et al.

Lower Court: Second Circuit
Docketed: 2025-03-31
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-action child-support court-proceedings judicial-immunity servicemark trademark-law
Key Terms:
Trademark Copyright
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (AI Summary)

Whether judicial immunity extends to administrative actions taken by court officials in child support proceedings involving unauthorized use of a registered servicemark, and whether courts' circular reasoning misapplies judicial immunity doctrine and trademark law

Question Presented (OCR Extract)

1. Whether judicial immunity extends to administrative actions taken by court officials in child support proceedings that involve the unauthorized use of a registered servicemark, particularly when New York Family Court Act § 439 designates such proceedings to support magistrates rather than judges. 2. Whether the lower courts' circular reasoning —simultaneously characterizing the defendants' actions as judicial (to invoke immunity) while dismissing trademark claims because they don't constitute "use in commerce" —represents a misapplication of both judicial immunity doctrine and trademark law. 3. Whether the courts' institutional protectionism, evidenced by their failure to address the administrative nature of child support proceedings and the commercial aspects of court operations, warrants this Court's intervention to clarify the boundaries of judicial immunity. PETITION FOR WRIT OF CERTIORARI -2 PARTIES AND

Docket Entries

2025-10-06
Petition DENIED.
2025-06-18
DISTRIBUTED for Conference of 9/29/2025.
2025-06-05
Petitioner complied with order of May 19, 2025.
2025-05-19
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 9, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-04-17
Waiver of Sin, Judge, et al. of right to respond submitted.
2025-04-17
Waiver of right of respondent Sin, Judge, et al. to respond filed.
2025-03-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2025)

Attorneys

Junior-Tony Diejuste
Junior-Tony Dieujuste — Petitioner
Sin, Judge, et al.
Barbara Dale UnderwoodSolicitor General, Respondent