Appellant Delgen Foye appealed a November 15, 2024 order from the United States District Court for the District of Columbia that dismissed his case. The underlying dispute involved claims against Scott S. Harris and other officials of the Supreme Court, including the Clerk and Deputy Clerk. Foye sought relief that appeared to include both damages and equitable remedies against these federal officials. The district court dismissed the case, and Foye brought this appeal to the D.C. Circuit, also filing motions to appoint counsel and to proceed in forma pauperis.
The panel issued a per curiam judgment affirming the district court's dismissal. The court first addressed the immunity of the defendants, noting that Supreme Court officials are immune from suits for damages, citing Sindram v. Suda, 986 F.2d 1459, 1460–61 (D.C. Cir. 1993). The court further held that the district court correctly concluded it lacked jurisdiction to grant equitable relief against these specific defendants, relying on In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992). Regarding the remaining claims, the court applied the principle of forfeiture, stating that because the appellant did not address these challenges in his brief, he forfeited any right to contest the dismissal of those claims. The court cited United States ex rel. Totten v. Bombardier Corp., 380 F.3d 488, 497 (D.C. Cir. 2004) for this procedural bar. Additionally, the court denied the motion to appoint counsel, finding Foye had not demonstrated a sufficient likelihood of success on the merits, and dismissed the motion to proceed in forma pauperis as moot since the district court had already granted that leave.
The appeal is dismissed without prejudice to any properly raised issues, meaning Foye cannot pursue these specific claims against Supreme Court officials in this forum. The decision reinforces the broad immunity of Supreme Court clerks and officials from damages and equitable suits in the D.C. Circuit. The ruling also serves as a reminder that appellants must explicitly address all claims in their briefs to avoid forfeiture. The mandate is withheld for seven days pending any petition for rehearing.
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