Case 1:16-cv-03144-LJM-DML Document 9 Filed 11/22/16 Page 1 of 3 PageID #: 68

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
TATIANA ZAVODNIK,
GERSH ZAVODNIK,

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Plaintiffs,
vs.
CHRISTOPHER BURNHAM, JUDGE,
Defendant.

Entry and Order to Show Cause

I.
The plaintiffs motion to proceed in forma pauperis [dkts. 3] is granted. The assessment
of even a partial filing fee is not feasible at this time.
II. Screening
Plaintiffs Tatiana Zavodnik and Gersh Zavodnik filed this civil action against defendant
Christopher Burnham, a Morgan County Superior Court Judge and Marion County Special Judge,
alleging that Judge Burnham violated the plaintiffs constitutional rights in multiple ways during
judicial proceedings before Judge Burnham.
District courts have an obligation under 28 U.S.C. 1915(e)(2)(B) to screen complaints
before service on the defendant, and must dismiss the complaint if it is frivolous or malicious, fails
to state a claim for relief, or seeks monetary relief against a defendant who is immune from such
relief. Dismissal under the in forma pauperis statute is an exercise of the Courts discretion. Denton
v. Hernandez, 504 U.S. 25, 34 (1992). In determining whether the complaint states a claim, the
Court applies the same standard as when addressing a motion to dismiss under Federal Rule of

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Civil Procedure 12(b)(6). See Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). To
survive dismissal under federal pleading standards,
[the] complaint must contain sufficient factual matter, accepted as true, to state a
claim to relief that is plausible on its face. A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Based on this screening, the complaint must be dismissed. The plaintiffs claims are all
based on alleged actions the defendant took in the course of state court proceedings. For example,
the plaintiffs allege that defendant Judge Burnham operating in co-conspiracy, collusion with one
another and other individuals for the purposes of such discrimination, deprived [plaintiffs] of right,
money and property. Throughout the 47 page complaint, the plaintiffs go on to make multiple
allegations against Judge Burnham accusing him of discriminating against the plaintiffs based on
their religion, and of mismanaging the plaintiffs litigation in state court. The claims against Judge
Burnham are barred by absolute judicial immunity. See Stump v. Sparkman, 435 U.S. 349, 359
(1978). This is based on the general principle of the highest importance to the proper
administration of justice that a judicial officer, in exercising the authority vested in him, shall be
free to act upon his own convictions, without apprehension of personal consequences to himself.
Mireles v. Waco, 502 U.S. 9, 10 (1991). Judicial immunity is not overcome by allegations of bad
faith or malice, the existence of which ordinarily cannot be resolved without engaging in discovery
and eventual trial. Id. at 11. Because the allegations against Judge Burnham are based on actions
he took in his capacity as a judge presiding over state court proceedings, the claims against him
must be dismissed based on judicial immunity.

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III. Further Proceedings

For the foregoing reasons, the complaint must be dismissed and the motion seeking
assistance in service of process [dkt 5] is denied. The plaintiffs shall have through December 21,
2016, in which to show cause why judgment consistent with this Entry should not issue.
IT IS SO ORDERED.

Date: 11/22/2016

Distribution:
Tatiana Zavodnik
Gersh Zavodnik
9750 E. 25th Street, #318
Indianapolis, IN 46229

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LARRY J. McKINNEY, JUDGE
United States District Court
Southern District of Indiana