SEARCH

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

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

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›

Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...

Apply Now ›