Summary
recognizing "decisions of the North Carolina Industrial Commission qualify as judicial actions as opposed to administrative or ministerial processes"
Summary of this case from Walker v. Liberty Mut. Ins. Co.Opinion
No. 5:10-CV-00272-BO.
October 18, 2010
ORDER
This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's Amended Complaint. The Motion is GRANTED.
Facts
Plaintiff claims that he suffered respiratory illnesses and conditions as the result of mold and other conditions while he was a student and Resident Advisor at North Carolina State University. Plaintiff seeks review of the decisions of the North Carolina Industrial Commission's dismissal of his tort claim and denial of worker's compensation benefits. Plaintiff alleges that those proceedings violated his rights to due process, equal protection and a fair trial.
Discussion
Under the Rooker-Feldman Doctrine, United States District Courts do not have jurisdiction over challenges to state court decisions, even if those challenges allege that the state court's action was unconstitutional. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 486 (1983). As decisions of the North Carolina Industrial Commission "qualify as judicial actions as opposed to administrative or ministerial processes," its decisions fall within the scope of the Rooker-Feldman doctrine.See Allstate Ins. Co. v. West Virginia State Bar, 233 F.3d 813, 817 (4th Cir. 2000) (citing Feldman, 460 U.S. at 477). Thus, this Court does not have the power to hear the Plaintiff's claims. According, the case is DISMISSED.SO ORDERED, this 15 day of October, 2010.