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Gilliam v. N.Y.S. Bd. of Law Examiners

Law Examiners Immune From Rights Suit Over Eligibility to Take State Bar Exam

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OPINION & ORDER James W. Gilliam (“Plaintiff”), proceeding pro se, commenced this action on June 18, 2024 against the New York State Board of Law Examiners (“Board”) and Carmen Beauchamp Ciparick (“Ciparick” and together, “Defendants”). (Doc. 1, “Compl.”). Plaintiff presses a claim for relief under 42 U.S.C. §1983 for the violation of his constitutional rights under the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution.¹ (Id.). Defendants filed, pursuant to the briefing schedule set forth by the Court, their motion to dismiss on October 27, 2023 pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Doc. 16; Doc. 17, “Def. Br.”; Doc. 18, “Onnen Decl.”; Doc. 19, “McAlary Decl.”; Doc. 20). Plaintiff filed his opposition (Doc. 13; Doc. 15; Doc. 23; Doc. 24) and the motion to dismiss was fully submitted with the filing of Defendants’ reply (Doc. 25, “Reply”). For the reasons set forth below, Defendants’ motion to dismiss is GRANTED. BACKGROUND Plaintiff received his Bachelor of Laws degree on November 30, 2021 through a distance learning program at the University of London. (Compl.

62-64). Plaintiff alleges that, as of the filing of the Complaint, he was “days away from becoming registered as a solicitor admitted to the senior courts in England and Wales.” (Id. 64). Plaintiff, while “starting his second year at the University of London,” represented his wife in a lawsuit brought against her by Discover Bank in the New York Supreme Court, Orange County. (Id.

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