Lois Cleon Shelton Aubuchon v. State of Missouri

PER CURIAM.

Lois Aubuchon appeals pro se the dismissal of her § 1983 action against the State of Missouri. Aubuchon sought relief and damages from a 1975 state court judgment which she alleges violated her constitutional rights. The state court proceeding involved the probate of her father’s estate. During that proceeding a third party successfully challenged the validity of the marriage of Aubuchon’s parents. The Circuit Court of Dent County held that Aubuchon failed to establish the existence of a valid common law marriage between her parents and could not inherit under her father’s will.

We affirm the judgment of the district court 487 F.Supp. 529 dismissing Aubu-chon’s complaint without prejudice to any remedies available to her under state law.

Title 42 U.S.C. § 1983 is directed at individuals acting under color of state law, not individual states. The State of Missouri is not a proper party to an action brought under § 1983.

Milton v. Nelson, 527 F.2d 1158 (9th Cir. 1976);

Neal v. Georgia, 469 F.2d 446,448 (5th Cir. 1972);

Meyer v. New Jersey, 460 F.2d 1252, 1253 (3d Cir. 1972);

Collins v. Florida, 432 F.2d 60 , 61 n.5 (5th Cir. 1970);

Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969). It appears that the only individual Aubuchon could have named as a party in this action was the state court judge, who is protected by the doctrine of judicial immunity.

Stump v. Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978).

Accordingly, we affirm the dismissal of the action by the district court.