Klayman v. District of Columbia Court of Appeals
CourtDistrict Court, District of Columbia
Date FiledNovember 12, 2026
DocketCivil Action No. 2024-2997
JudgeJudge Reggie B. Walton
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
LARRY KLAYMAN, )
)
Plaintiff, )
)
v. ) Civil Action No. 24-2997 (RBW)
)
DISTRICT OF COLUMBIA COURT OF )
APPEALS, et al., )
)
Defendants. )
)
MEMORANDUM OPINION
The plaintiff, Larry Klayman, an attorney proceeding pro se, brings this civil action
against (1) the District of Columbia Court of Appeals (“D.C. Court of Appeals”); (2) the District
of Columbia Board on Professional Responsibility (the “Board”), which is the disciplinary arm
of the D.C. Court of Appeals responsible for adjudicating disciplinary proceedings against
attorneys licensed to practice law in this jurisdiction, and nine of the Board’s members:
Bernadette Sargeant, Robert Walker, Sara Blumenthal, Margaret Cassidy, Thomas Gilbertsen,
William Hindle, Sharon Rice-Hicks, Michael Tigar, and Leslie Spiegel (collectively the “Board
Defendants”); and (3) three members of the Ad Hoc Hearing Committee (“AHHC”), who were
appointed by the Board to preside over disciplinary hearings: Buffy Mims, Robin Bell, and
Christian White (collectively the “AHHC Defendants”). The plaintiff, a self-described
“prominent conservative and Republican activist and attorney[,]” alleges that the Board violated
his constitutional rights by interpreting a rule of professional responsibility (“Rule 12.2”)
differently when adjudicating disciplinary proceedings against him than it does when
adjudicating disciplinary proceedings against attorneys with different political views. Complaint
(“Compl.”) ¶¶ 19–20, ECF No. 1.
Currently pending before the Court is the Board’s, the Board Defendants’, and the AHHC
Defendants’ Motion to Dismiss Plaintiff’s Complaint (“Defs.’ Mot.”). See Defs.’ Mot. at 1, ECF
No. 7. Upon careful consideration of the parties’ submissions,1 the Court concludes for the
following reasons that it must grant the defendants’ motion to dismiss.
I. BACKGROUND
The Court previously set forth on several occasions the lengthy factual background
surrounding the plaintiff’s history of litigation against the District of Columbia Court of Appeals
and the Office of Disciplinary Counsel (“ODC”), see Klayman v. Porter, Nos. 20-cv-3109, 20-
cv-3579, 21-cv-965, 2022 WL 3715775, at *1–4 (D.D.C. Aug 29, 2022) (Walton, J.); Klayman
v. Porter, No. 22-cv-953, 2023 WL 2496738, at *1–2 (D.D.C. Mar. 14, 2023) (Walton, J.), and
therefore will not reiterate it again here. However, as it has done before in the plaintiff’s cases,
the Court will set forth the factual allegations and procedural background specific to this case
and then the resolution of the pending motions.
1
In addition to the filings already identified, the Court considered the following submissions in rendering its
decision: (1) the Memorandum of Law by Board on Professional Responsibility, Robin Bell, Sara Blumenthal,
Margaret Cassidy, Thomas Gilbertsen, William Hindle, Buffy Mims, Sharon Rice-Hicks, Bernadette Sargeant,
Leslie Spiegel, Michael E. Tigar, Robert Walker, and Christian White in Support of Their Motion to Dismiss
Plaintiff’s Complaint (“Defs.’ Mem.”), ECF No. 7-1; (2) the Plaintiff’s Response in Opposition to Defendants’
Motion to Dismiss (“Pl.’s Opp’n”), ECF No. 9; (3) the Reply Memorandum of Law by Board on Professional
Responsibility, Robin Bell, Sara Blumenthal, Margaret Cassidy, Thomas Gilbertsen, William Hindle, Buffy Mims,
Sharon Rice-Hicks, Bernadette Sargeant, Leslie Spiegel, Michael E. Tigar, Robert Walker, and Christian White in
Support of Their Motion to Dismiss Plaintiff’s Complaint (“Defs.’ Reply”), ECF No. 10; (4) the Board on
Professional Responsibility, Robin Bell, Sara Blumenthal, Margaret Cassidy, Thomas Gilbertsen, William Hindle,
Buffy Mims, Sharon Rice-Hicks, Bernadette Sargeant, Leslie Spiegel, Michael E. Tigar, Robert Walker, and
Christian White’s Supplemental Brief (“Defs.’ Supp.”), ECF No. 34; and (5) the Plaintiff’s Response in Opposition
to Defendants’ Supplemental Brief (“Pl.’s Supp.”), ECF No. 35.
2
A. Factual Background2
1. The Bundy Matter
This case arises out of what the plaintiff calls the “Bundy Matter,” a 2019 attorney
disciplinary proceeding involving the plaintiff’s attempt to be admitted pro hac vice in the United
States District Court for the District of Nevada to represent Cliven Bundy. See Compl. ¶¶ 19,
23, 26; In re Klayman, 340 A.3d 1212 (D.C. 2025). In the Bundy Matter, the ODC charged the
plaintiff with violating several Rules of Professional Conduct because he inadequately disclosed
his disciplinary history in his application for pro hac vice admission in the District of Nevada. In
re Klayman, 340 A.3d at 1216. The plaintiff “was summoned before the AHHC comprised of
Defendants Mims, Bell, and White in July of 2019 and September of 2019” for a hearing in the
Bundy Matter. Compl. ¶ 44. Thereafter, on September 20, 2023, the AHHC “issued an AHHC
Report and [ ] recommended [that the plaintiff be sanctioned with] a one-year suspension [from
the practice of law] with a reinstatement provision.” Id. ¶ 49. In July of 2024, the Board issued
its final report, which “largely adopt[ed] the factual findings of the [AHHC],” and
“recommended that [the plaintiff] be suspended for eighteen months with a [character] fitness
requirement” before reinstatement. In re Klayman, 340 A.3d at 1221. The D.C. Court of
Appeals adopted the Board’s recommendation of an eighteen-month suspension with a fitness
requirement in an opinion issued on August 7, 2025. Id. at 1236. The plaintiff filed a petition
2
In resolving a motion to dismiss, the Court may consider documents incorporated in the Complaint by reference,
which can occur “where the document is not attached by the plaintiff, but is ‘referred to in the complaint and [ ]
integral to [the plaintiff’s] claim.” Banneker Ventures, LLC v. Graham, 798 F.3d 1119, 1133 (D.C. Cir. 2015)
(quoting Kaempe v. Myers, 367 F.3d 958, 965 (D.C. Cir. 2004)) . The Court may also take judicial notice of public
documents and records from other court proceedings. See Lipton v. MCI Worldcom, Inc., 135 F. Supp. 2d 182, 186
(D.D.C. 2001); Kungle v. State Farm, Fire & Cas. Co., 48 F. Supp. 3d 67, 74 (D.D.C. 2014). Accordingly, the
Court will take judicial notice of the plaintiff’s complaint in Klayman v. Bd. on Pro. Resp., 2024-CAB-000048
(D.C. Sup. Ct. 2024) (“Superior Court Compl.”) and that court’s April 9, 2024 Order dismissing the plaintiff’s
complaint for lack of subject matter jurisdiction (“Superior Court Order”), both which are attached to the
defendants’ filings.
3
with the D.C. Court of Appeals for rehearing en banc, Pl.’s Opp’n. at 2–3, which the D.C. Court
of Appeals denied, see Board on Professional Responsibility Defendants’ Notice of Issuance of
Mandate, Request to Reinstate Motion to Dismiss, and Request to File Supplemental Brief
(“Board Defs.’ Notice”) ¶ 7, ECF No. 32.
2. The Bundy Litigation
On January 3, 2024, while the Bundy Matter was still pending and before the Board
issued its final report, the plaintiff filed a lawsuit, which he refers to as “the Bundy Litigation,”
in the Superior Court of the District of Columbia against the Board. See Compl. ¶ 54; Klayman,
2024-CAB-000048. The plaintiff alleged that the AHHC violated Board Rule 12.2, which
provides that the AHHC shall file its report with the Board no later than 120 days following the
conclusion of the hearing, and “sought injunctive relief in the form of an order directing the
Board to enforce Rule 12.2[.]” Compl. ¶ 54; see also Superior Court Compl. ¶ 40. The plaintiff
requested “preliminary and permanent injunctive relief in the [form of] AHHC’s September 20,
2023 Report being dismissed,” “a temporary injunction preventing the Board from proceeding
with the Bundy Matter” while the Bundy Litigation was pending, and an order from the Superior
Court “dismiss[ing] the Bundy Matter in its entirety pursuant to Board Rule 12.2.” Superior
Court Compl. ¶ 42. In the Bundy Litigation, the plaintiff alleged that the Board treated him
unfairly because of his political views. See generally Superior Court Compl.
On April 9, 2024, the Superior Court dismissed the Bundy Litigation, holding that the
D.C. Court of Appeals “has repeatedly held that it has exclusive authority over all matters
concerning the admission to, censure, and suspension and expulsion from the practice of law in
the District of Columbia.” Superior Court Order at 2. The plaintiff appealed the dismissal to the
D.C. Court of Appeals, which affirmed the D.C. Superior Court’s dismissal on April 17, 2025.
Klayman v. Bd. Pro. Resp., 333 A.3d 1157, 1162 (D.C. 2025).
4
B. Procedural Background
The plaintiff filed his Complaint in this civil action on October 22, 2024, alleging that the
defendants engaged in viewpoint discrimination by applying Rule 12.2 differently to him than
they do to other attorneys with different political views. See Compl. ¶ 19, 73. On March 14,
2025, the Board Defendants, the AHHC Defendants, and the Board filed their motion to dismiss
pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), asserting that this Court
lacks subject-matter jurisdiction and that the plaintiff failed to state a claim upon which relief
could be granted. Defs.’ Mot at 2. The plaintiff filed his memorandum in opposition to the
defendants’ motion to dismiss on April 28, 2025. See Pl.’s Opp’n. On May 5, 2025, the Board
Defendants, the AHHC Defendants, and the Board filed their reply in response to the plaintiff’s
opposition to their motion to dismiss. See Defs.’ Reply at 1.
On May 14, 2025, the plaintiff filed a motion for a preliminary injunction, seeking relief
“in the form of an order finding that [both] the AHHC Report and [the] Board Report in the
Bundy Matter are void ab initio and vacated and thus preliminarily enjoined from further
consideration.” Pl.’s Supp. at 2. On May 22, 2025, the Board Defendants, the AHHC
Defendants, and the Board filed their opposition to the plaintiff’s motion for preliminary
injunction in which they asserted that the plaintiff’s motion for preliminary injunction
“unmistakably wants this Court to stop the D.C. Court of Appeals from considering whether to
impose discipline in the Bundy Matter,” even though the plaintiff had yet to serve the D.C. Court
of Appeals with this lawsuit. Board on Professional Responsibility, Robin Bell, Sara
Blumenthal, Margaret Cassidy, Thomas Gilbertsen, William Hindle, Buffy Mims, Sharon Rice-
Hicks, Bernadette Sargeant, Leslie Spiegel, Michael E. Tigar, Robert Walker, and Christian
5
White’s Opposition to Larry Klayman’s Motion for Preliminary Injunction (“Defs.’ Opp’n”) at
9–10, ECF No. 17.
The D.C. Court of Appeals entered its notice of appearance in a limited capacity and filed
a memorandum in opposition to the plaintiff’s motion for a preliminary injunction on May 23,
2025. See Notice of Appearance in a Limited Capacity (“Notice of Ltd. Appearance”) at 1, ECF
No. 18; Defendant the District Court of Columbia Court of Appeals’s Opposition to Plaintiff’s
Motion for Preliminary Injunction (“Def. D.C. Ct. App.’s Opp’n”), ECF No. 19. That same day,
the plaintiff filed an affidavit of service showing that he had attempted to serve the D.C. Court of
Appeals on May 15, 2022. Affidavit of Service at 1, ECF No. 20.
The Court held a hearing on the plaintiff’s motion for a preliminary injunction on May
27, 2025, and denied the motion “because the plaintiff ha[d] failed to establish a likelihood that
the Court ha[d] subject matter jurisdiction over the claims he raise[d] in his motion.”
Memorandum Opinion at 1 (May 28, 2025), ECF No. 26; see generally Transcript of Preliminary
Injunction Hearing, ECF No. 25.3 The plaintiff filed a timely interlocutory appeal challenging
this Court’s denial with the District of Columbia Circuit, see Plaintiff’s Notice of Appeal, ECF
No. 23, which dismissed the appeal as moot because the D.C. Court of Appeals issued its
Opinion imposing its disciplinary ruling while the plaintiff’s interlocutory appeal was pending,
see Order of United States Court of Appeals for the District of Columbia Circuit at 1, ECF No.
30-1.
3
The defendants also argued that the D.C. Court of Appeals had not been properly served. See Def. D.C. Ct. App.’s
Opp’n at 1 (internal citation omitted). The Court found it unclear whether the District of Columbia Superior Court
Rules of Civil Procedure or the Federal Rules of Civil Procedure govern how to affect service on the D.C. Court of
Appeals, but concluded that the Court did not need to reach a conclusion on “the issue of whether the Court of
Appeals was properly served . . . because, even assuming arguendo that the plaintiff has properly served the Court of
Appeals, . . . the plaintiff has failed to show a likelihood of jurisdiction[.]” Memorandum Opinion at 11 (May 28,
2025), ECF No. 26.
6
The Board and the individual Board Defendants subsequently filed a motion to reinstate
their motion to dismiss, see Board Defs.’ Notice at 1, which the Court had dismissed without
prejudice pending a ruling on the interlocutory appeal, see Order (Mar. 3, 2026), ECF No. 29.
The Court granted the Board Defendants’ motion to reinstate, see Minute Order (Apr. 29, 2026),
and the Board Defendants filed a supplemental brief on May 27, 2026, see Defs.’ Supp. In their
supplemental brief, the defendants withdrew their Younger abstention argument that they raised
in their original motion and asserted a new argument that the issues and arguments advanced by
the plaintiff in this case are barred by collateral estoppel because they had already been raised
and resolved by the D.C. Court of Appeals in In re Klayman. Defs.’ Supp. at 1–2. The plaintiff
filed a response to the defendants supplemental briefing on June 10, 2026, in which he argues
that his claims are not barred by collateral estoppel. See Pl.’s Supp. at 3.
II. STANDARDS OF REVIEW
A. Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1)
Federal district courts are courts of limited jurisdiction, Kokkonen v. Guardian Life Ins.
Co. of Am., 511 U.S. 375, 377 (1994), and therefore, “[a] motion for dismissal under [Federal
Rule of Civil Procedure] 12(b)(1) ‘presents a threshold challenge to the [C]ourt’s jurisdiction,’”
Morrow v. United States, 723 F. Supp. 2d 71, 75 (D.D.C. 2010) (Walton, J.) (quoting Haase v.
Sessions, 835 F.2d 902, 906 (D.C. Cir. 1987)). Thus, the Court is obligated to dismiss a claim if
it “lack[s] [] subject-matter jurisdiction[.]” Fed. R. Civ. P. 12(b)(1). And, because “it is to be
presumed that a cause lies outside [] [the Court’s] limited jurisdiction,” Kokkonen, 511 U.S. at
377, the plaintiff bears the burden of establishing by a preponderance of the evidence that a
district court has subject matter jurisdiction, see Lujan v. Defs. of Wildlife, 504 U.S. 555, 561
(1992).
7
In deciding a motion to dismiss based on lack of subject matter jurisdiction, the Court
“need not limit itself to the allegations of the complaint.” Grand Lodge of the Fraternal Ord. of
Police v. Ashcroft, 185 F. Supp. 2d 9, 14 (D.D.C. 2001). Rather, the “[C]ourt may consider such
materials outside the pleadings as it deems appropriate to resolve the question [of] whether it has
jurisdiction to hear the case.” Scolaro v. D.C. Bd. Of Elections & Ethics, 104 F. Supp. 2d 18, 22
(D.D.C. 2000); see also Jerome Stevens Pharms., Inc. v. Food & Drug Admin., 402 F.3d 1249,
1253 (D.C. Cir. 2005)). However, “the [p]laintiff’s factual allegations in the complaint . . . will
bear closer scrutiny in resolving a 12(b)(1) motion than in resolving a 12(b)(6) motion for failure
to state a claim.” Grand Lodge, 185 F. Supp. 2d at 13–14 (alterations in original) (citation and
internal quotation marks omitted).
B. Pro Se Plaintiffs
The Court is mindful of the fact that the plaintiff, while also a practicing attorney, is
proceeding pro se.4 The pleadings of pro se parties are “to be liberally construed, . . . and a pro
se complaint, however inartfully pleaded, must be held to less stringent standards than formal
pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (internal quotation
marks and citations omitted). Furthermore, all factual allegations by a pro se litigant, whether
contained in the complaint or other filings in the matter, should be read together in considering
whether to grant a motion to dismiss. See Richardson v. United States, 193 F.3d 545, 548 (D.C.
Cir. 1999). Nonetheless, a plaintiff—even one proceeding pro se—bears the burden of
4
The Court questions whether, in light of the plaintiff’s status as an attorney, it is compelled to apply the liberal pro
se standard. Klayman v. Porter, No. 20-cv-3109 (RBW), 2025 WL 2938701, at *3 (D.D.C. Oct. 16, 2025).
Nonetheless, out of an abundance of caution, the Court will do so. See Klayman v. Porter, No. 24-cv-2853 (RBW),
2026 WL 320191, at *5 (D.D.C. Feb. 6, 2026).
8
establishing that the Court has subject-matter jurisdiction over his claims. Ebrahimi v. Trump,
No. 25-cv-1593 (CJN), 2026 WL 809770, at *1 (D.D.C. Mar. 24, 2026).
III. ANALYSIS
The defendants move for dismissal under Federal Rules of Civil Procedure 12(b)(1).5
Defs.’ Mem. at 2. They argue that “[the plaintiff] effectively seeks appellate review of the state
judg[]ment in a United States District Court . . . and is thus barred by the Rooker-Feldman
doctrine.” Id. For the reasons below, the Court agrees and concludes that this case must be
dismissed for lack of subject matter jurisdiction pursuant to the Rooker-Feldman doctrine.
The Rooker-Feldman doctrine is derived from the Supreme Court’s decisions in Rooker
v. Fidelity Trust Co., 263 U.S. 413 (1923), and D.C. Court of Appeals v. Feldman, 460 U.S. 462
(1983), and it “prohibits federal courts from adjudicating cases brought by state-court losing
parties challenging state-court judg[]ments.” Reed v. Goertz, 598 U.S. 230, 235 (2023). The
Supreme Court has clarified that the doctrine is “narrowly confined to ‘cases brought by state-
court losers complaining of injuries caused by state-court judg[]ments rendered before the
district court proceedings commenced and inviting district court review and rejection of those
judgments.’” T.M. v. Univ. of Md. Med. Sys. Corp., 608 U.S. 668, 672 (2026) (quoting Exxon
Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005)).
5
The defendants also move for dismissal under Federal Rule of Civil Procedure 12(b)(6), arguing (1) “the Board, as
an instrumentality of the D.C. Court of Appeals, is not capable of being sued[;]” (2) “all of the Board members have
absolute immunity against [the] plaintiff’s damages claims[;]” (3) “the D.C. Court of Appeals has repeatedly held
that a delay in attorney disciplinary proceedings does not require dismissal of the disciplinary matter[;]” (4) “each of
plaintiff’s three claims fails as a matter of law and the Board members are entitled to qualified immunity in any
event;” and (5) “the issues and arguments advanced in this case are barred by collateral estoppel because they were
already made to, and resolved by, the D.C. Court of Appeals[.]” Defs.’ Mem. at 2; Defs.’ Supp. at 2. However,
because the Court ultimately determines that it lacks subject-matter jurisdiction under Rule 12(b)(1) pursuant to the
Rooker-Feldman doctrine, the Court need not conduct a Rule 12(b)(6) analysis. See Sledge v. United States, 723 F.
Supp. 87, 91 (D.D.C. 2010) (“Once a court determines that it lacks subject-matter jurisdiction, it can proceed no
further.” (internal citation omitted)).
9
The defendants argue that the “plaintiff’s complaint fails as a matter of law and must be
dismissed” for lack of subject-matter jurisdiction under the Rooker-Feldman doctrine because
the plaintiff is improperly attempting “to appeal the state court’s ruling to a federal district
court.” Defs.’ Mem. at 11. Specifically, the defendants assert that “[on] April 9, 2024, the D.C.
Superior Court dismissed [the plaintiff’s] suit over Rule 12.2”, but “[d]espite this, [the] plaintiff
has now filed this suit, seeking the same relief: dismissal of the Bundy disciplinary matter
because the Board Hearing Committee issued [its report] beyond the timeframe contemplated by
Rule 12.2” Id. at 9–10. The plaintiff responds by arguing that he is raising “an ‘independent
claim’ that falls outside of” the state court action. Pl.’s Opp’n at 15–16. According to the
plaintiff, his action in the D.C. Superior Court “solely sought injunctive relief and declaratory
relief that the Board must enforce Rule 12.2”, while “[t]his instant matter brings claims under
42 U.S.C. § 1983 for violations of [the plaintiff]’s First and Fifth Amendment rights, and seeks
damages from the [d]efendants in that regard in addition to seeking injunctive and equitable
relief.” Id.
In order for the Rooker-Feldman doctrine to bar a federal district court from exercising
jurisdiction over a claim, three requirements must be met: (1) “the party against whom the
doctrine is invoked must have actually been a party to the prior state-court judgment[;]” (2) “the
claim raised in the federal suit must have been actually raised or inextricably intertwined with
the state-court judgment[;]” and (3) “the federal claim must not be parallel to the state court
claim.” Lance v. Dennis, 546 U.S. 459, 462 (2006). Here, the prior state court judgment at issue
is the Superior Court’s decision in Klayman v. Board on Professional Responsibility, No. 2024-
CAB-000048 (D.C. Sup. Ct. 2024), which the plaintiff refers to as the “Bundy Litigation.”
Compl. ¶ 54. In the Bundy Litigation, the Superior Court dismissed the plaintiff’s complaint for
10
lack of subject-matter jurisdiction because the D.C. Court of Appeals has “the inherent and
exclusive authority to define and regulate the practice of law in the District of Columbia.”
Superior Court Order at 2 (internal quotations and citations omitted).
The first Rooker-Feldman doctrine requirement—that “the party against whom the
doctrine is invoked must have actually been a party to the prior state-court judgment”—is clearly
satisfied in this case. Lance, 564 U.S. at 462. The Rooker-Feldman doctrine is being invoked by
the defendants against the plaintiff, who was “a party to the prior state-court judgment[,]” id., as
he was also the plaintiff in that suit, see Klayman v. Bd. on Pro. Resp., No. 2024-CAB-000048
(D.C. Sup. Ct. 2024); Compl. ¶ 54–55. Because the Rooker-Feldman doctrine is “based . . . on
allowing state courts to arrive at decisions free from collateral federal attack[,]” Richardson v.
D.C. Ct. of Appeals, 83 F.3d 1513, 1515 (D.C. Cir. 1996), the fact that the Superior Court’s
decision was based on its lack of jurisdiction, rather than on the merits, does not alter this
Court’s conclusion that the Superior Court’s judgment satisfies the first Rooker-Feldman
requirement, and the plaintiff does not argue otherwise.
The second requirement—that “the claim raised in the federal court must have been
actually raised or inextricably intertwined with the state-court judgment”—is also satisfied in this
case. Lance, 564 U.S. at 462. “An issue is ‘inextricably intertwined’ with a state court judgment
if ‘success on the federal claim depends upon a determination that the state court wrongly
decided the issues before it.’” Freeman v. D.C., No. 21-cv-1775 (RBW), 2022 WL 17338096, at
*5 (D.D.C. Nov. 30, 2022). In other words, “a plaintiff’s federal-court claims are ‘inextricably
intertwined’ with a prior state-court judgment unless their ‘core’ is ‘independent’ of that
judgment.” Bradley v. Dewine, 55 F. Supp. 3d 31, 41 (D.D.C. 2014). In making this
assessment, a district court “must closely examine a plaintiff’s suit to determine whether claims,
11
however styled, effectively seek review of an adverse decision.” Araya v. Bayly, 875 F. Supp.
2d 1, 4 (D.D.C. 2012), aff'd, No. 12-7069, 2013 WL 500819 (D.C. Cir. Jan. 18, 2013).
Here, the plaintiff requested the same relief for the same reason in both this matter and in
the prior proceeding in the Superior Court. In both cases, the plaintiff requested that “the Bundy
Matter be dismissed[,]” Compl. at 26, see also Superior Court Compl. ¶ 42, because the Report
and Recommendation was issued beyond the time designated in Rule 12.2, see Compl. ¶ 54.
Although the plaintiff claims that the Court has jurisdiction over this matter because he has
raised “an independent claim” under 42 U.S.C. § 1983 for alleged violations of his First and
Fifth Amendment rights, Pl.’s Opp’n at 15–16, “there is no substance to [the plaintiff’s]
claim other than his challenge to the [Board and . . .D.C. Court of Appeal’s] application of the
disciplinary rules in his case.” Stanton v. D.C. Court of Appeals, 127 F.3d 72, 76 (D.C. Cir.
1997).
Despite what the plaintiff contends he is presenting to the Court in this case, he is not
actually challenging the constitutionality of Rule 12.2. See generally Compl.; see also Feldman,
460 U.S. 462, 486–87 (1983) (holding that a lower federal court could hear a challenge to the
constitutionality of a D.C. bar admission rule, but not a claim that the D.C. Court of Appeals had
abused its discretion in applying the rule). Rather, he challenges the application of Rule 12.2 in
arguing that the disciplinary proceedings against him were based on “personal and political
biases” and that the defendants “with discriminatory intent, [have] selectively and disparately
targeted conservative and Republican attorneys, such as [the plaintiff], for removal from the
practice of law.” Compl. ¶ 61. Despite the phrasing of the plaintiff’s claim, these conclusory
allegations are nearly identical to those he made to the D.C. Superior Court, where, in a count
titled “Violation of Constitutional Equal Protection Rights[,]” he alleged that “[t]he Board has
12
discriminated against [him] as a conservative, Caucasian and male public interest attorney of
Jewish origin and advocate by willfully ignoring its Rules, Board Rule 12.2, in refusing [to]
dismiss the AHHC Report as null and void and of no force and effect.” Superior Court Compl.
¶ 45; see also id. ¶ 12 (alleging that the ODC initiated proceedings against the plaintiff to “target
and eliminate conservative and Republican activist attorneys”). In both this case and the
Superior Court case, the plaintiff alleged that he was treated differently because of his political
beliefs, among other reasons, and, in both cases, his allegations require the court to determine
whether the Board violated Rule 12.2 for allegedly the same discriminatory reasons. Compare
Compl. at 26 (asking the Court to dismiss “the Bundy Matter . . . pursuant to Rule 12.2 and the
First and Fifth Amendments of the U.S. Constitution”) and id. ¶¶ 76–77 (alleging that the
defendants were “selective and discriminatory” in carrying out the plaintiff’s disciplinary
proceedings given his “conservative and Republican activist views”), with Superior Court
Compl. ¶ 45 (asserting violations of constitutional rights because “[t]he Board [allegedly]
discriminated against [the plaintiff] as a conservative, Caucasian, and male public interest
attorney of Jewish origin . . . by willfully ignoring . . . Board Rule 12.2.”). Therefore, his
challenge is not an attack on the constitutionality of Rule 12.2, but rather on the manner in which
it was applied to him.
The D.C. Superior Court determined that the “District of Columbia Court of Appeals has
exclusive authority over the attorney disciplinary process in the District of Columbia[.]”
Superior Court Order at 1. In order for this Court to assess the Board’s interpretation of Rule
12.2, the Court would need to conclude that the Superior Court was incorrect and find that a
court other than the District of Columbia Court of Appeals has the authority to review how the
Board conducted the plaintiff’s disciplinary proceedings and the manner in which the Board
13
applied Rule 12.2. In other words, this Court is “in essence being called upon to review the state
court decision[,]” which the Court “may not do.” Feldman, 460 U.S., at 482 n.16. The
plaintiff’s claims under 42 U.S.C. § 1983 are therefore inextricably intertwined with the Superior
Court’s judgment in Klayman v. Board on Professional Responsibility. See Stanton, 127 F.3d, at
76.
Finally, the third requirement—that “the federal claim must not be parallel to the state-
court claim,” is satisfied here because the suit in this case was filed after the Superior Court
entered its judgment. Lance, 564 U.S., at 462. “A federal-court claim is parallel to a state-court
claim if it is filed after the state-court claim, but before the state court enters judgment.” Bradley,
55 F. Supp. 3d, at 42 (citing Exxon Mobil, 544 U.S. at 289–91). However, this does not mean
that the plaintiff would be able to circumvent the Rooker-Feldman doctrine merely because “the
plaintiff filed h[is] federal suit while the state appellate proceedings were pending, rather than
waiting for the state high court to act.” T.M., 608 U.S. at 668, 685. “Such a rule would only
encourage parties to file earlier in federal court, duplicating their efforts even though the state
process may well resolve the dispute in their favor.” Id. Thus, because the plaintiff filed this
suit after the Superior Court entered its order dismissing Klayman v. Board on Professional
Responsibility, this federal claim is not parallel to the plaintiff’s state claim.
Accordingly, the Court concludes that all three of the Rooker-Feldman doctrine
requirements are satisfied in this case, and the Court therefore lacks subject-matter jurisdiction
over the plaintiff’s claims. Freeman, 2022 WL 17338096, at *6 (granting Rule 12(b)(1) motion
to dismiss for lack of subject-matter jurisdiction where all three Rooker-Feldman elements were
met). “Because the Court lacks jurisdiction to address the merits of [the plaintiff’s] claims, it
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does not reach [the d]efendants’ alternative arguments in favor of dismissal.” Hunter v. Nat’l
Bank Ass’n, 698 F. Supp. 2d 94, 101 (D.D.C. 2010).
IV. CONCLUSION
For the foregoing reasons, the Court concludes that it must grant the defendants’ motion
to dismiss the plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1).
SO ORDERED this 12th day of November, 2026.6
REGGIE B. WALTON
United States District Judge
6
The Court will contemporaneously issue an Order consistent with this Memorandum Opinion.
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