Full opinion text
ORDER GRANTING FEDERAL DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART FEDERAL DEFENDANTS’ MOTION FOR SANCTIONS, GRANTING STATE DEFENDANTS’ MOTION TO DISMISS AND FOR ATTORNEYS’ FEES AND SUA SPONTE DISMISSING CLAIMS AGAINST REMAINING DEFENDANTS DAVID ALAN EZRA, District Judge. The court heard Federal Defendants’ Motions and State Defendants’ Motion on February 22,1996. Plaintiffs Charles F. Samuel and Valerie A. Samuel appeared pro se. Assistant United States Attorney Robert C. Grisham appeared for the late Honorable Harold Ryan, the Honorable Edward Lodge, the Honorable Mikel Williams, the Honorable Larry Boyle, the Honorable Stephen Ayers (together referred to as “Federal Judges”), Maurice Ellsworth, D. Marc Haws, Andrea Pogue (together referred to as “U.S. Attorney Defendants”), Jerry Clapp, Cameron Burke, Patti Latham, Ron Haberman, Ann Wade-Lawron, Sharia Worthen, Chris Dreps, Elizabeth Sharp, Barbara Keck, Irene Dunbar, Joanne Cook, Darrell Early, and Lee Parker (together referred to as “Federal Clerk Defendants”) (full group collectively referred to as “Federal Defendants”). Deputy Attorney General David G. High appeared for the Honorable James Michaud, the Honorable Quentin Harden, the Honorable Eugene Maraño, the Honorable Gary Haman, the Honorable Stephen Bistline, the Honorable Byron Johnson (together referred to as “State Judges”), Marie Scott, Kathleen Hutter, Wanda Savage, Sandra Roberts, Frederick Lyons, Carl Bianchi (together referred to as “State Clerk Defendants”), Claudia Kopper, Robert Huntley, Jr., Bruce Smith, Kathryn Sticklen, Linnae Costello (together referred to as “State Bar Defendants”) and Michael Oths, (full group collectively referred to as “State Defendants”). The court having reviewed the motions and the supporting and opposing memoranda, GRANTS Federal Defendants’ Motion for Summary Judgment, GRANTS IN PART and DENIES IN PART Federal Defendants’ Motion for Sanctions, and GRANTS State Defendants’ Motion to Dismiss and for Attorneys’ Fees. BACKGROUND On August 26,1994, Plaintiffs filed a forty-five page Amended Complaint against all Defendants in their individual and official capacities, claiming a conspiracy to deprive Plaintiffs of their constitutional rights in violation of 42 U.S.C. §§ 1981 et seq. and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The Amended Complaint begins by alleging that from January 1990, until the present date, all Defendants, while acting under color of state and federal law, conspired to cover up and conceal various violations of the law. The alleged violations of law are set forth in paragraphs VI A-L of the Amended Complaint. See also Background, Part I, infra. The Amended Complaint goes on to allege claims in twelve counts. Counts Three, Four, Eleven, and Twelve set forth claims against the Federal Defendants. Counts One, Two, and Five through Ten allege claims against State Defendants. Plaintiffs seek injunctive, equitable, and declaratory relief, as well as compensatory damages “in excess of $50,000 from each defendant.” Amended Complaint, at 44. I. General Allegations against All Defendants Paragraphs VI A-G allege various acts of misconduct on the part of Forest Service employees, which are incidently the same acts of misconduct which were alleged in Samuel v. United States, United States District Court for the District of Idaho, No. 91-0087 (“Case 91-0087”). Paragraph VI H alleges various acts of misconduct on the part of various attorneys. Paragraphs VI I-L allege various acts of misconduct on the part of Bonner County Sheriffs employees. Paragraph VII alleges that all Defendants agreed to rule against Plaintiffs in various lawsuits and administrative proceedings. Paragraphs VII(V) and (W) allege that in connection with the lawsuits and administrative proceedings, Defendants failed to uphold the law, failed to educate themselves on the issues raised by those proceedings, and failed to take steps to protect the interests of the public, all as set forth in Counts One through Twelve of the amended complaint. Plaintiffs’ claims against the Federal Defendants arise out of the dismissal of a Federal Tort Claims Act (FTCA) suit they brought against the United States in Case 91-0087. Since this FTCA suit is central to Plaintiffs’ claims against Federal Defendants and to some of the general claims against all Defendants, the court summarizes the relevant procedural history of Case 91-0087 below. A Procedural History of Underlying 1991 FTCA Claim Plaintiffs’ FTCA action was filed on or about March 14, 1991. The complaint alleged employees of the Forest Service conducted unlawful visual, audio, and personal surveillance of Plaintiffs; harassed Plaintiffs and influenced other government agencies to harass Plaintiffs; falsely accused Plaintiffs of stealing saw blades and other government property; issued Plaintiffs inappropriate road use permits; kept mail and messages of Plaintiff Charles Samuel at the Priest Lake Ranger Station; issued a fabricated AWOL charge against Plaintiff Charles Samuel for a legitimate on-the-job injury; deliberately supplied Plaintiff Charles Samuel with faulty equipment thus hindering him in the performance of his duties as a Forest Service employee; trespassed on Plaintiffs’ private property; and, falsely accused Plaintiffs of abusing and neglecting their children. See Federal Defendants’ Statement of Facts, Exh. A. Plaintiffs alleged these actions violated their right to privacy and civil rights, and constituted negligence on the part of Forest Service employees. Id. They claim that as a result of these actions, they suffered serious personal injury, both mental and physical. Id. On April 15,1991, before the United States filed an answer to the complaint, Plaintiffs filed an amended complaint (“Second Complaint”). In addition to reiterating the allegations contained in the original complaint, the Second Complaint alleges that employees of the Forest Service concealed and suppressed facts and withheld information from Plaintiffs necessary to their complaint; acted negligently in providing medical attention and hospitalization for Plaintiff Charles Samuel; denied medical attention to Plaintiff Charles Samuel as a result of his refusing to sign a fabricated AWOL charge; acted negligently in not providing a vehicular driver for Plaintiff Charles Samuel’s on-the-job injury; improperly garnished Plaintiff Charles Samuel’s wages and leave time; denied Plaintiff Charles Samuel schooling; denied Plaintiff Charles Samuel the right to overtime hours; denied Plaintiff Charles Samuel “work rotation” in “tree rolling shed”; refused to provide Plaintiff Charles Samuel with an equal chance for advancement; discriminated against Plaintiff Charles Samuel; denied Plaintiff Charles Samuel’s civil rights to an equitable grievance in 1989; denied Plaintiff Charles Samuel fair/just civilian rehire rights; denied Plaintiff Charles Samuel veteran status rights; encouraged the segregation and alienation of Plaintiffs; ordered Plaintiff Charles Samuel to deliberately disobey certain federal procedures; discriminately expelled Plaintiffs’ son from Little League baseball in 1990; entrapped Plaintiffs; insisted that Plaintiff Charles Samuel be prejudicial to non-eaucasian (non-white) employees; conspired against Plaintiffs; and, made false accusations against Plaintiffs. See Federal Defendants’ Statement of Facts, Exh. B. On June 4, 1991, the parties filed their consent to proceed before a United States Magistrate Judge. See Federal Defendants’ Statement of Facts, Exh. C. The court dismissed all of Plaintiffs’ claims except for the allegations involving invasion of privacy and intentional infliction of emotional distress. Plaintiffs were permitted discovery; they filed a number of interrogatories. They also unsuccessfully attempted to amend their complaint, and change venue on grounds of bias. On the day set for trial, both the Government and the Plaintiffs moved for involuntary dismissal of Plaintiffs’ Second Complaint. The court granted both motions on March 31, 1993. See Federal Defendants’ Statement of Facts, Exh. PP. On August 16,1993, Plaintiffs filed a notice of appeal. See Federal Defendants’ Statement of Facts, Exh. SS. On October 3, 1994, the Ninth Circuit Court of Appeals issued an unpublished order affirming the trial court’s decisions. See Federal Defendants’ Statement of Facts, Exh. YY. The Ninth Circuit held that the district court did not err in (a) refusing to allow Plaintiffs to file their proposed second amended complaint; (b) accepting the certification of the United States Attorney that the federal employees Plaintiffs sought to name as defendants were acting within the scope of their employment at the time of the alleged surveillance of Plaintiffs; (c) dismissing Plaintiffs’ remaining claims with prejudice after they decided not to proceed with trial on the appointed date; and, (d) rejecting Plaintiffs’ claims that they were coerced and misled by district court personnel when they filed various pleadings, that District Court Clerks fraudulently destroyed their pleadings, and that court personnel tampered with and doctored portions of the record. Id., at 2-4. Finally, the Ninth Circuit held that the other claims raised by Plaintiffs in their brief were without merit. Id., at 4. II. Claims against Federal Defendants In addition to the general allegations charged above, Counts Three, Four, Eleven, and Twelve set forth the following claims against Federal Defendants: Count Three Count Three alleges claims against the Federal Judges and Federal Clerk Defendants. Count Three generally alleges that these Federal Defendants deprived Plaintiffs of due process of law with respect to Case 91-0087, and deprived Plaintiffs of equal protection as a result of a conspiracy to rule against Plaintiffs in that case. Count Three goes on to allege that the named Federal Defendants fraudulently coerced Plaintiffs into relinquishing their individual claims against various federal employees in Case 91-0087; failed to timely furnish Plaintiffs with copies of the Local Rules and the CJRA plan; failed to provide Plaintiffs with a copy of a handbook outlining court procedures; failed to timely inform Plaintiffs they could file documents in Coeur d’Alene, Idaho; improperly processed Plaintiffs’ subpoena for various names and addresses of federal employees; fraudulently removed or destroyed Plaintiffs’ proposed amended complaint dated March 5, 1992; and fraudulently altered evidence and removed or destroyed Plaintiffs’ motion to compel answers to interrogatories. Count Three also contains specific allegations against the Federal Defendants: (a) District Judges Ryan and Lodge are alleged to have promulgated policies which led to the alleged violations of Plaintiffs’ constitutional rights; (b) Magistrate Williams is alleged to have fraudulently removed or destroyed Plaintiffs’ proposed second amended complaint; refused to permit Plaintiffs to schedule hearings; failed to rule on Plaintiffs’ motions; accepted a fraudulent certification providing the Federal Defendants in Case 91-0087 were acting in the course and scope of their employment as federal employees; improperly stayed proceedings; fraudulently removed or destroyed Plaintiffs’ exhibits in support of their motion for change of venue; fraudulently removed or destroyed Plaintiffs’ identification and brief explanation of exhibits filed in support of Plaintiffs’ motion for change of venue; fraudulently attempted to extort a favorable settlement in Case 91-0087; permitted Assistant United States Attorney Mare Haws to prepare a fraudulent judgment; promulgated policies which led to the violation of Plaintiffs’ constitutional rights; and, refused to hold Deputy Clerks who allegedly tampered tapes accountable for such actions; (c) Magistrate Ayers is alleged to have improperly stayed discovery; fraudulently removed or destroyed Plaintiffs’ proposed second amended complaint dated October 31, 1991; refused to allow Plaintiffs to schedule hearings; refused to rule on Plaintiffs’ motions; and, promulgated policies which led to the alleged violations of Plaintiffs’ constitutional rights; (d) Magistrate Boyle is alleged to have improperly stayed proceedings; (e) Former District Court Clerk Clapp is alleged to have fraudulently ordered Plaintiffs to send proposed amendments to their original complaint for examination prior to filing; (f) District Court Clerk Burke is alleged to have fraudulently removed or destroyed Plaintiffs’ proposed second amended complaint and refused to allow Plaintiffs to schedule hearings; (g) Deputy District Court Clerk Haber-man is alleged to have fraudulently removed or destroyed Plaintiffs’ demand for trial by jury; (h) Deputy District Court Clerks WadeLawron, Worthen, and Sharp and Magistrate Williams’ secretary Parker are alleged to have refused to permit Plaintiffs to schedule hearings; (i) Deputy District Court Clerk Latham is alleged to have fraudulently removed or destroyed Plaintiffs’ proposed second amended complaint; (j) Deputy District Court Clerk Sharp is also alleged to have fraudulently removed or destroyed Plaintiffs’ exhibits in support of their motion for change of venue; and, fraudulently removed or destroyed Plaintiffs’ identification and brief explanation of exhibits in support of Plaintiffs’ motion for change of venue; (k) Deputy District Court Clerk Dreps is alleged to have failed to timely send Plaintiffs’ notice of appeal to the Ninth Circuit; (l) Deputy District Court Clerks/Court Reporters Dunbar, Keck, and Cook are alleged to have doctored tapes of hearings; and (m) Darrell Early, Magistrate Williams’ law clerk, is alleged to have refused to permit Plaintiffs to schedule hearings, and to have attempted to extort, through coercion, a favorable settlement in Case 91-0087. Amended Complaint, at 14-19. Count Four Count Four alleges claims against U.S. Attorney Defendants. These defendants are alleged to have submitted a fraudulent declaration of Kenneth E. Cohen; lacked authority to advocate defenses on behalf of the United States; submitted fraudulent certifications stating individual federal defendants were acting in the course and scope of their employment; failed to provide documentation required by 28 CFR §§ 15.2 or 50.15; conspired to deter, intimidate, threaten and prevent United States Forest Service (“USFS”) employees from testifying on behalf of Plaintiffs; and mislead with unethical means the U.S. District Court in said civil action regarding the certification, and continued that unethical activity into a Ninth Circuit Case, No. 93-35875, 1994 WL 534501. Amended Complaint, at 19-22. Further, Count Four alleges AUSA Haws conspired with the Defendants named in Count Three, subpart Q, to alter evidence, and conspired with other Defendants to defame Plaintiffs. Id. Count Eleven Count Eleven, in part, alleges AUSA Haws conspired with others to defame Plaintiffs. Amended Complaint, at 35-36. Count Twelve Count Twelve alleges District Judge Lodge, Deputy District Court Clerk Sharp and the other Defendants named in Count Three conspired to have Judge Lodge named as presiding judge in the instant case. Amended Complaint, at 36. Plaintiffs have also alleged that the Federal Defendants engaged in activities which harmed persons not parties to this action, including James Kevin Pratt and Vicki and Samuel Weaver. Id. III. Claims against State Defendants In Counts One, Two, and Five through Ten of the Amended Complaint, Plaintiffs set forth the following claims against State Defendants: Count One In Count One, Plaintiffs allege that State Defendants Quentin Harden, Eugene Maraño, Marie Scott and Kathleen Hutter violated Plaintiffs rights to due process and equal protection in January 1990 when adjudicating Halliday v. Samuels, Idaho First Judicial District for Bonner County Small Claims, No. 5898-S (“Halliday case”). Amended Complaint at 10-11. Harden and Maraño are judges for the Idaho First Judicial District; Scott and Hutter are, respectively, the clerk and the deputy clerk of the Bonner County Court in Idaho. Plaintiffs allege that in the Halliday case, State Defendants Harden, Maraño, Scott, and Hutter failed to properly record or transcribe the proceedings; abused their authority in prohibiting Plaintiffs from making a video or audio recording of the proceedings; failed to compile written records for appeal; failed to maintain exhibits, and; failed to inform Plaintiffs in writing of the court’s decision and their subsequent right to appeal. Additionally, Plaintiffs contend that Judge Maraño exceeded his authority in requiring Plaintiffs to pay the judgment on the day of the proceeding. Count Two In Count Two, Plaintiffs allege that State Defendants Harden, Scott, and Hutter conspired to deprive Plaintiffs of their due process and equal protection rights in July 1990, while adjudicating Samuels v. Heil, Idaho First Judicial District for Bonner County Small Claims, No. 6047-H (“Heil ease”). Amended Complaint at 12-14. Similar to the allegations in Count One, Plaintiffs allege that in the Heil case, State Defendants Harden, Scott, and Hutter failed to properly record or transcribe the proceedings; abused their authority in prohibiting Plaintiffs from making a video or audio recording of the proceedings; failed to compile written records for appeal; failed to maintain exhibits; failed to inform Plaintiffs in writing of the court’s decision and their subsequent right to appeal. Additionally, Plaintiffs contend that these Defendants conspired with deputies of Bonner County to (a) fabricate criminal charges against Plaintiffs and (b) delay service of summons to opposing party. Furthermore, Judge Harden is alleged to have (a) conspired with Scott, Hutter, and the opposing party to bar Plaintiffs’ claims under the doctrines of res judicata and collateral estoppel; and (b) promulgated policies which led to the alleged violations of Plaintiffs’ constitutional rights. Count Five In Count Five, Plaintiffs claim that State Defendants Michaud, Scott, Hutter, Roberts, and Savage conspired to predetermine the outcome of their case, Samuels v. Bonner Co. Records, No. 92-00085 in the First Judicial District Court—Bonner County (“Bonner County case”) adjudicated on or about February 1992. Amended Complaint, at 22. Plaintiffs allege that said Defendants did not properly log payment of filing fees and failed to provide them with a receipt. Id. Count Five also contains specific allegations against State Defendants Michaud and Hutter: (a) District Judge Michaud allegedly allowed perjured and scripted testimony; and refused to provide an order denying Plaintiffs’ request for record; (b) Deputy Clerk Hutter allegedly doctored and omitted part of the record, and refused to certify the transcript tapes as comprehensive. Count Six Count Six of Plaintiffs’ Amended Complaint names State Defendant Michael Oths (“Oths”). Amended Complaint, at 24. Oths is counsel to the Idaho State Bar. Plaintiffs allege that Oths violated their Due Process and Equal Protection rights by: (a) improperly processing Plaintiffs’ 1990 legal misconduct complaint with the Idaho State Bar Association; (b) refusing to provide Plaintiffs with Idaho State Bar Desk Book; and (e) attempting to fraudulently induce Plaintiffs to settle their claim. Amended Complaint, at 24-26. Count Seven Count Seven charges State Defendants Robert Bakes, Larry Boyle, Charles McDevitt, Stephen Bistline, Byron Johnson, Frederick Lyons, and Carl Bianchi with misconduct relating to Plaintiffs’ appeal in Samuels v. Oths, Idaho Supreme Court, No. 92-19783 (“Oths case”). McDevitt is the Chief Justice of the Idaho Supreme Court; Johnson is an Idaho Supreme Court Justice; Bakes, Boyle, and Bistline are former Idaho Supreme Court Justices; Lyons is the Clerk of the Court for the Idaho Supreme Court; and Bianchi is the former Director of the Administrative Office for the Idaho Supreme Court. Here, Plaintiffs allege that State Defendants Bakes, Boyle, McDevitt, Bistline, Johnson, Lyons, and Bianchi conspired beginning in February 1992 to violate Plaintiffs’ Due Process and Equal Protection rights by altering and changing the date of filing of Plaintiffs’ Reply to Response to Petition for Writ of Mandamus; removing said document from the record; neglecting to file an appealable order for the denial of the Writ; and accepting fraudulent documentation from Oths. Amended Complaint, at 26-27. Plaintiffs also make a separate allegation against Clerk Lyons for failing to inform Plaintiffs about appellate procedure. Count Eight In Count Eight, Plaintiffs claim that State Defendants Claudia Kopper, Robert Huntley Jr., Kathryn Stieklen, Bruce Smith, and Lin-nae Costello conspired to predetermine the outcome and prevented Plaintiffs from appealing the decision of an October 1992 Idaho State Bar Professional Conduct Board Hearing and Review (Case 92-008A) (“1992 disciplinary hearing”). Amended Complaint, at 27-30. This conspiracy allegedly stretches back to April 1992. Kopper is the Clerk of the Idaho State Bar Professional Conduct Board; Huntley is the Chair of the Idaho State Bar Professional Conduct Board; Stieklen, Smith, and Costello are members of the Idaho State Bar Professional Conduct Board. Plaintiffs allege that Kopper, Huntley, Stieklen, Smith and Costello violated their constitutional rights by accepting fraudulent documents; failing to record the proceedings; failing to render a timely decision; conducting a fraudulent “appeal” hearing; and threatening Plaintiffs with sanctions for discussing the outcome. Id. Count Nine In Count Nine, Plaintiffs target State Defendants Michaud, Hutter, Scott, Roberts, and Savage for conspiring to predetermine the outcome of Samuels v. Hepworth, First Judicial District for Bonner County Case No. 92-00264 (“Hepworth case”). Plaintiffs allege that the Bonner County deputy clerks and Judge Michaud mishandled their civil complaint against the law firm of Hepworth, Nungester & Lezamiz, Inc. (“Hepworth firm”), in March 1992. Id. at 30-33. Count Five also contains the following allegations against individual State Defendants: (a) District Judge Michaud failed to set a trial date in the Hepworth case until the instant complaint was filed; instructed court clerks not to calendar pretrial motions; failed to recuse himself; concealed all relevant facts; failed to hold court staff accountable for their actions in this case; required Plaintiff Charles Samuel to submit to questioning regarding his mental competency; refused to allow amendments to Plaintiffs’ complaint; and refused to let Plaintiffs exhibit documents at proceedings; (b) District Court Clerk Hutter failed to accurately label tapes sent to Plaintiffs; (c) District Court Clerk Savage issued incorrect subpoenas in July 1992; (d) Deputy District Court Clerk Roberts failed to legibly print the date'on certified mail receipts; (e) Hutter, Scott, Savage, and Roberts failed to file Plaintiffs’ documents, and covered up fraudulent conduct of unnamed employees of Bonner County. Count Ten Finally, in Count Ten, Plaintiffs allege that State Defendants Michaud, Scott, and Haman fraudulently restricted Plaintiffs access to law materials by raising the price of photocopies in the Bonner County Law Library from 5 cents to 50 cents per copy and by restricting access of certain books to court personnel only. Amended Complaint at 33-35. Haman is a state judge for the Idaho First Judicial District. DISCUSSION Federal Defendants move to dismiss the complaint, or for summary judgment. In a separate motion, they also request sanctions. State Defendants submit their own motion to dismiss Plaintiffs’ claims and for attorneys’ fees. As a preliminary matter, the court liberally construes Plaintiffs’ complaint as a Bivens action as it relates to Federal Defendants and as a § 1983 action as it relates to State Defendants. Although, Plaintiffs allege that “[t]his action is brought against all Defendants pursuant to 42 U.S.C. § 1981 et seq./Bivens for conspiracy,” the court finds that Plaintiffs’ Amended Complaint does not implicate rights protected by 42 U.S.C. §§ 1981 or 1985. Furthermore, the court summarily dismisses causes of action asserted on behalf of non-parties to this Amended Complaint. The court finds that Plaintiffs have no standing to assert claims on behalf of James Kevin Pratt, Vicki and Samuel Weaver, or other USFS employees in North Idaho. FEDERAL DEFENDANTS’ MOTION TO DISMISS, OR FOR SUMMARY JUDGMENT Federal Defendants move this court to dismiss, or for summary judgment on the ground that Plaintiffs have failed to state a claim upon which relief can be granted. Federal Defendants specifically claim that (a) Plaintiffs failed to comply with Rule 8(a) and 9(b) of the Federal Rules of Civil Procedure in drafting their Amended Complaint, (b) Plaintiffs’ claims are barred by the doctrines of absolute and qualified immunity (c) Plaintiffs’ complaint is barred by the doctrine of collateral estoppel, (d) 28 U.S.C. § 2679(b)(1) precludes Plaintiffs’ common law tort claims, and (e) Plaintiffs lack factual support for their allegations. To the extent that facts outside the immediate pleadings are necessary for the court’s decision in this matter, the court will treat the Federal Defendants’ motion as a motion for summary judgment pursuant to the provisions of Rules 12(b) and 56 of the Federal Rules of Civil Procedure. Such facts and all inferences which may be reasonably drawn therefrom are viewed in the light most favorable to the Plaintiffs. I. Insufficient Pleadings Federal Defendants contend that Plaintiffs’ Amended Complaint should be dismissed for insufficient pleading. They argue that Plaintiffs’ Amended Complaint does not meet the specificity requirements of Fed. R.Civ.P. 8(a) and 9(b). Specifically, Federal Defendants argue that Plaintiffs do not adequately plead: (a) proof of a constitutional violation necessary for a Bivens action; (b) specific facts supporting the existence of an alleged conspiracy; (c) intentional deprivation as required for due process claims; (d) class membership for the purposes of an equal protection claim; and (e) a defamatory statement, or an ensuing loss of property or liberty in conjunction with their defamation claim. The court examines each of these arguments in turn. A. Bivens Action Federal Defendants argue that Plaintiffs fail to show the requisite proof of a constitutional violation to sustain a Bivens action. See Siegert v. Gilley, 500 U.S. 226, 231-234, 111 S.Ct. 1789, 1792-1794, 114 L.Ed.2d 277 (1991) (Bivens action requires proof of a constitutional violation). They contend that common law tort claims against public officials and conelusory allegations of official participation in civil rights violations are insufficient for a Bivens-type action. See Paul v. Davis, 424 U.S. 693, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976); Pena v. Gardner, 976 F.2d 469, 471 (9th Cir.1992). In opposition, Plaintiffs contend that the Federal Defendants’ participation in the conspiracy to deprive them of their First, Fourth, Fifth, and Fourteenth Amendment rights is sufficient to maintain an action under § 1983 and Bivens. See Plaintiffs’ Objections to Federal Defendants’ Motion to Dismiss, at 6-7. In order to hold Federal Defendants liable under Bivens or 42 U.S.C. § 1983, Plaintiffs must show “(1) that a person acting under color of state law committed the conduct at issue, and (2) that the conduct deprived the claimant of some right, privilege, or immunity protected by the constitution or the laws of the United States.” Leer v. Murphy, 844 F.2d 628, 632 (9th Cir.1988). A person deprives another of a constitutional right, within the meaning of Bivens, if he does an affirmative act, participates in another’s affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation complained of. Id. at 633; Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir.1978). Further: “[t]he inquiry into causation must be individualized and focus on the duties and responsibilities of each individual defendant whose acts or omissions are alleged to have caused a constitutional deprivation____ Sweeping conelusory allegations will not suffice to prevent summary judgment. The [plaintiff] must set forth specific facts as to each individual defendant’s deliberate indifference.” Leer, 844 F.2d at 633-34. Plaintiffs generally allege a conspiracy to predetermine the outcome of Case 91-0087. See Amended Complaint, at 14-15. They also allege that: the Federal Judges refused to schedule hearings, failed to rule on Plaintiffs’ motions, removed and destroyed exhibits, and promulgated policies which led to the alleged violations of Plaintiffs’ constitutional rights; the Federal Clerk Defendants misdirected Plaintiffs’ inquiries, improperly processed Plaintiffs’ submissions to the court, tampered with the record, and doctored tapes of the proceedings; and the U.S. Attorney Defendants submitted fraudulent documents to the court, prevented witnesses from testifying, and misled the court. Id. at 14-22. Despite their multiple allegations, Plaintiffs’ claims fail to show a cognizable Bivens claim. Plaintiffs do not allege any facts demonstrating a constitutional violation as they are required to do in defeating a summary judgment motion. Plaintiffs’ broad and conelusory allegations fail to establish a nexus between their alleged grievances against Federal Defendants and a deprivation of their constitutional rights. Under Leer, sweeping conelusory allegations will not suffice to prevent summary judgment. 844 F.2d at 633-34. Accordingly, the court grants Federal Defendants’ Motion for Summary Judgment as to Plaintiffs’ Bivens claims. B. Conspiracy Allegations Similarly, Federal Defendants maintain that Plaintiffs’ failure to allege specific facts supporting their conspiracy theory is fatal to their conspiracy claims. See Buckey v. County of Los Angeles, 968 F.2d 791, 794 (9th Cir.1992). Federal Defendants contend that conelusory allegations of fraud are also insufficient to meet the requirement for Fed. R.Civ.P. 9(b). In contrast, Plaintiffs contend that conspiracy actions may be maintained under § 1983 and Bivens without regard to persons doing the particular act. See Shepard v. Byrd, 581 F.Supp. 1374 (D.C.Ga.1984). Plaintiffs argue that a conspiracy to cover up and conceal violations of the law, as alleged in this case, is actionable. See Hampton v. Hanrahan, 600 F.2d 600, 602 (7th Cir.1979). To have an actionable conspiracy claim under Bivens, Plaintiffs must establish (1) the existence of an express or implied agreement among the defendants to deprive them of their constitutional rights, and (2) an actual deprivation of those rights resulting from that agreement. Ting v. United States, 927 F.2d 1504, 1512 (9th Cir.1991). “To state a claim for conspiracy to violate one’s constitutional rights [ ], the plaintiffs] must state specific facts to support the existence of the claimed conspiracy.” Burns v. County of King, 883 F.2d 819, 821 (9th Cir.1989). Even though allegations of conspiracy pervade the Amended Complaint, the court focuses here on the conspiracies alleged in the four counts directed against Federal Defendants (Counts Three, Four, Eleven, and Twelve) to illustrate that the conspiracy claims are not actionable. In Count Three, Plaintiffs allege that Federal Defendants deprived them of due process and equal protection by agreeing in advance to rule against Plaintiffs in this case. Amended Complaint, at 14. Count Four alleges a conspiracy among the U.S. Attorney Defendants to submit false documents, coerce witnesses, and mislead the court in their presentation of Case 91-0087. Id. at 19-22. Count Eleven alleges a conspiracy spearheaded by Haws to defame Plaintiffs. Id. at 35-36. Count Twelve alleges a conspiracy to have Judge Lodge preside over this case. Id. at 36. An obvious flaw common to all of the conspiracy allegations in Plaintiffs’ Amended Complaint is the lack of evidence demonstrating agreement among the named Federal Defendants. Plaintiffs’ claims in the Amended Complaint are premised on conclusory allegations. Plaintiffs have not, and the court finds that they cannot, allege any facts that evidence either an explicit or implied agreement among the Defendants. Even assuming Plaintiffs’ allegations of individual misconduct are true, as the court must do on a motion for summary judgment, there is insufficient evidence that the Defendants “conspired” against Plaintiffs so as to deprive them of their civil rights. Accordingly, the court DISMISSES Plaintiffs’ conspiracy claims against Federal Defendants. C. Due Process Claims Federal Defendants further contend that Plaintiffs’ claims of due process violations must be dismissed for failure to show an intentional deprivation. According to Federal Defendants, a showing of mere negligence on the part of federal officials is insufficient; Plaintiffs must show malicious intent or deliberate indifference for a cognizable due process claim. See Daniels v. Williams, 474 U.S. 327, 328, 106 S.Ct. 662, 663, 88 L.Ed.2d 662 (1986); Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir.1989) (Plaintiffs must show that, at a minimum, defendants acted with deliberate indifference to their rights). In the Ninth Circuit, Plaintiffs must show that the state official acted with recklessness or gross negligence in order to state a cognizable § 1983 claim. See Wood, 879 F.2d at 588. In Daniels, the Supreme Court held that mere negligence or lack of due care by state officials does not trigger liability under § 1983. 474 U.S. at 332, 106 S.Ct. at 665. Simple torts do not rise to the level of a constitutional violation simply because a state official is involved. The Supreme Court noted that the Fourteenth Amendment is not “a font of tort law to be superimposed upon whatever systems may already be administered by the states.” Id. (quoting Paul v. Davis, 424 U.S. 693, 701, 96 S.Ct. 1155, 1160, 47 L.Ed.2d 405 (1976)). Here Plaintiffs do not show that Federal Defendants acted with malicious intent or deliberate indifference. In their Amended Complaint, Plaintiffs allege that Federal Defendants acted “willfully, wantonly, maliciously ... and with the specific intent” to deprive Plaintiffs and others of due process of the law. Amended Complaint, at 14, 19, 35, 36. The court finds here that Plaintiffs’ allegations ring hollow. Simple repetition of allegations do not make them true. And the mere occurrence of an untoward event does not give rise to a due process violation or to a conspiracy; Plaintiffs must demonstrate unlawful intent. Here, Plaintiffs fail to provide factual support that creates an inference of or tends to prove malicious intent or deliberate indifference. Even under a liberal interpretation of Plaintiffs’ pro se complaint, “vague and conelusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.” Pena v. Gardner, 976 F.2d 469, 471 (9th Cir.1992)(quoting Ivey v. Board of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982)). Plaintiffs’ conelusory allegations of malice and specific intent are insufficient to make a cognizable due process claim under § 1983. Accordingly, the court DISMISSES Plaintiffs’ due process claims. D. Equal Protection Claims Federal Defendants argue that Plaintiffs do not allege a cognizable equal protection claim because Plaintiffs are not members of a protected class. According to Federal Defendants, the Fourteenth Amendment only applies to discriminatory treatment based on class membership; it cannot be used to redress wrongs against the individual, as alleged in this case. See Robinson v. Long, 1994 WL 112260 (N.D.Ill.1994). The court agrees. Equal protection demands that States eliminate unfair disparities between classes of individuals. Pennsylvania v. Finley, 481 U.S. 551, 568, 107 S.Ct. 1990, 2000, 95 L.Ed.2d 539 (1987). “A person bringing an action under the Equal Protection Clause must show intentional discrimination against him because of membership in a particular class, not merely that he was treated unfairly as an individual.” Huebschen v. Dep’t of Health and Social Services, 716 F.2d 1167 (7th Cir.1983); see also Personnel Administrator v. Feeney, 442 U.S. 256, 279, 99 S.Ct. 2282, 2296, 60 L.Ed.2d 870 (1979) (The decisionmaker must have selected or reaffirmed a particular course of action at least in part “because of,” not merely “in spite of’ its adverse effects upon an identifiable group). This court finds the Seventh Circuit’s reasoning in Huebschen persuasive. Here, Plaintiffs simply maintain that the defendants deprived them of equal protection under the law. They do not, and the court finds that they cannot, allege discrimination on the basis of class membership. Furthermore, their general allegations that District Judges Ryan and Lodge promulgated policies depriving them of their constitutional rights also fail to state a claim upon which relief can be granted. Plaintiffs do not prove that Federal Defendants’ actions deprived them of a fundamental right which would merit strict scrutiny. As Federal Defendants’ policies and actions in this ease seem rationally related to the administration of justice and the disposition of judicial proceedings, the court finds no equal protection violation in this case. See Yao v. INS, 2 F.3d 317, 321 (9th Cir.1993). Accordingly, the court DISMISSES Plaintiffs’ equal protection claims. E. Defamation Claim Federal Defendants move the court to dismiss the defamation claims because Plaintiffs fail to plead the requisite elements for such a claim. In brief, Federal Defendants contend that Plaintiffs fail to identify the defamatory statements, Schulze v. Coykendall, 218 Kan. 653, 545 P.2d 392, 396 (1976), or allege loss of a recognizable property or liberty interest resulting from the defamatory action, Cooper v. Dupnik, 924 F.2d 1520, 1532 (9th Cir. 1991). Without these elements, Federal Defendants argue, Plaintiffs’ defamation action must fail. Injury to reputation alone does not present an actionable claim under § 1983. Paul v. Davis, 424 U.S. 693, 703, 96 S.Ct. 1155, 1161, 47 L.Ed.2d 405 (1976). “To state a claim for defamation under § 1983, a plaintiff must allege loss of a recognizable property or liberty interest in conjunction with the allegation of injury to reputation.” Cooper, 924 F.2d at 1532; Vanelli v. Reynolds School Dist. No. 7, 667 F.2d 773, 777-78 (9th Cir.1982). Plaintiffs must meet the heightened burden of the “stigma-plus” test: in addition to demonstrating injury to reputation, Plaintiffs must also show the denial of a right specifically secured by the Bill of Rights or the denial of a state-created property or liberty interest such that the Fourteenth Amendment is violated. Cooper, 924 F.2d at 1532 n. 22. In Counts Four and Eleven, Plaintiffs allege that Assistant United States Attorney (“AUSA”) Haws defamed Plaintiffs. Plaintiffs state that AUSA Haws conspired with Defendants Evan “Chip” Roos, Todd Foster and the Spokesman-Review Newspaper to “fabricate and make fraudulent representations of alleged facts that were then circulated in print, when all Defendants, including Haws, Roos, Foster and Spokesman-Review Newspaper knew said fabricated and fraudulent representations to be false.” Plaintiffs’ Amended Complaint, at 21. Plaintiffs do not, however, identify the alleged defamatory statements nor do they state that the alleged defamation resulted in the loss of a recognizable liberty or property interest. The court finds that Plaintiffs fail to satisfy the stigma-plus test, because even assuming that the alleged defamatory actions took place as Plaintiffs suggest, they do not appear to directly affect Plaintiffs’ rights or status under the law. See Cooper, 924 F.2d at 1532. In this case, Plaintiffs do not satisfy either prong of the stigma-plus test: they do not show that the state defamed them, nor that some constitutional harm resulted. Accordingly, the court DISMISSES Plaintiffs’ defamation claims in Counts Four and Eleven against Federal Defendants. II. Absolute and Qualifíed Immunity As an alternative basis for dismissing Plaintiffs’ Amended Complaint, Federal Defendants maintain that Plaintiffs’ claims are barred by the doctrines of absolute and qualified immunity. In particular, Federal Defendants invoke the doctrines of absolute and qualified judicial immunity on behalf of the Federal Judges, absolute quasi-judicial immunity for the U.S. Attorney Defendants, and both absolute quasi-judicial immunity and qualified immunity for the Federal Clerk Office Defendants. The court will examine the immunity issue for each of these groups below. A. Absolute Judicial Immunity The Supreme Court has held that individuals performing certain governmental functions have absolute immunity from liability under § 1988. Nixon v. Fitzgerald, 457 U.S. 731, 751-752, 102 S.Ct. 2690, 2702, 73 L.Ed.2d 349 (1982). Whether absolute immunity is available to an official does not depend on the official’s job title or agency; the focus is on the function that the official was performing when taking the actions that provoked the law suit. Bothke v. Fluor Engineers and Constructors, Inc., 713 F.2d 1405, 1412 (9th Cir.1983); Cinevision Corp. v. City of Burbank, 745 F.2d 560, 579 (9th Cir.1984). The Supreme Court has recognized absolute immunity for those performing judicial, legislative, and prosecutorial functions. Nixon, 457 U.S. at 745, 102 S.Ct. at 2698-2699. Absolute immunity is accorded to these functions so that the decision-making process is not hampered by a fear of lawsuits. Id. 1. Judges Federal Defendants claim that the doctrine of absolute immunity cloaks the Federal Judges from civil liability for their judicial acts in this case. See Stump v. Sparkman, 435 U.S. 349, 356, 98 S.Ct. 1099, 1104, 55 L.Ed.2d 331 (1978); Mullis v. United States Bankruptcy Court, 828 F.2d 1385, 1388 (9th Cir.1987); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986) (en banc) (“Ashelman IF). Plaintiffs contend that Federal Defendants acted “absent jurisdiction, [ ] without authority, and outside official capacity” in conspiring and “agreeing in advance to rule against Plaintiffs and predetermine the outcome of cases in the State of Idaho.” Plaintiffs’ Objection to Federal Defendants’ Motion to Dismiss, at 17. Plaintiffs cite Rankin v. Howard, 633 F.2d 844 (9th Cir.1980), Beard v. Udall, 648 F.2d 1264 (9th Cir.1981) and Ashelman v. Pope, 769 F.2d 1360 (9th Cir.1985) (“Ashelman I”) to show that a prior agreement by a judge to decide a case in favor of one party is not a judicial act and is not subject to immunity. Id. Plaintiffs’ reliance on these cases is misplaced; the holdings in Rankin, Beard, and Ashelman I were expressly overruled in Ashelman II, 793 F.2d at 1077-78. Moreover, judges are accorded absolute immunity to suits for monetary damages for their judicial acts. Nixon, 457 U.S. at 744, 102 S.Ct. at 2698. It is well settled that “judges and those performing judge-like functions are absolutely immune from damage liability for acts performed in their official functions.” Partington v. Gedan, 961 F.2d 852, 866 (9th Cir.1992) (quoting Ashelman II, 793 F.2d at 1075). “A judge is not deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority.” Stump v. Sparkman, 435 U.S. 349, 356, 98 S.Ct. 1099, 1105, 55 L.Ed.2d 331 (1978); Mullis, 828 F.2d at 1388. The scope of absolute immunity is broadly construed to ensure independent and disinterested judicial and prosecutorial decisionmaking. Ashelman II, 793 F.2d at 1078. There is one exception to, the doctrine of absolute judicial immunity: absolute immunity is not available in cases where judges act in the clear absence of all subject matter jurisdiction. See Mullis, 828 F.2d at 1389. Judicial acts that exceed proper jurisdiction, however, still fall within the rubric of absolute immunity. Id. There is a notable difference in exceeding proper jurisdiction and acting in a clear absence of subject matter jurisdiction. In Case 91-0087, Plaintiffs had filed a complaint in federal court requesting relief under a federal statute, 28 U.S.C. § 1346(b). Federal Defendants’ Statement of Facts, Exh. A. The parties consented to proceed before a magistrate judge and the case was properly reassigned. Id., Exh. C. Local Rule 72.1(d)(1) and 28 U.S.C. § 636(b)(1)(A) establishes further review of magistrate orders by the.district court. As such, the court finds that there is absolutely no merit to Plaintiffs’ claim that the Federal Judges lacked subject matter jurisdiction in the underlying case. Additionally, the above-named judges, as part of their official duties, presided over court hearings and issued orders relating to the proceedings. Rulings on motions, witnesses, recusals, hearing dates, stay of proceedings, certification of employees, preparation of orders, and settlement negotiations are all judicial acts within the ambit of absolute immunity; all of these acts require judicial discretion and are part of the Federal Judges’ official conduct. Therefore, the court concludes that the doctrine of absolute immunity bars Plaintiffs’ claims of impropriety in the procedures and rulings for Case 91-0087. The doctrine of absolute immunity also protects the judges from allegations of conspiracy. Ashelmcm II, 793 F.2d at 1078. In Ashelman II, the court held that while a conspiracy to predetermine the outcome of judicial proceedings is clearly improper, it does not pierce the immunity extended to judges and prosecutors. Id. Thus, the court finds that the Federal Judges are not liable for Plaintiffs’ allegations of improper conduct in the handling of Case 91-0087. Additionally, the court recognizes that these Judges are eligible for qualified immunity for any administrative acts that are not protected by the doctrine of absolute judicial immunity. See Qualified Immunity, Part C, infra. Plaintiffs allege administrative misconduct in the upkeep of the files and the exhibits, and in the failure to hold Deputy Clerks accountable. Amended Complaint, at 14-19. Plaintiffs’ Amended Complaint does not allege sufficient facts demonstrating constitutional deprivation or unlawful intent to defeat the qualified immunity defense. See Part I, supra. Accordingly, the court DISMISSES Plaintiffs’ claims against District Judges Ryan and Lodge, Magistrates Williams and Boyle, and Former Magistrate Ayers based on the doctrines of absolute judicial immunity and qualified immunity. 2. Attorneys Representing the Government Federal Defendants contend that claims against the U.S. Attorney Defendants, likewise, are barred by the doctrine of absolute immunity. Federal Defendants argue that, like judges, attorneys representing the government in civil litigation are also afforded absolute immunity for their official conduct. Fry v. Melaragno, 939 F.2d 832, 838 (9th Cir.1991) (IRS attorney); Butz v. Economou, 438 U.S. 478, 516-17, 98 S.Ct. 2894, 2915-2916, 57 L.Ed.2d 895 (1978) (agency attorney). The court agrees. In the Ninth Circuit, attorneys representing the government in civil litigation are entitled to absolute immunity for their official conduct during adjudication of cases against the government. Fry, 939 F.2d at 838. This rule is derived from a well-established common law rule that affords absolute immunity to prosecutors. The purpose behind absolute immunity is to “free the judicial process from the harassment and intimidation associated with litigation.” See id. at 837 (citations omitted). The desire to promote independent, unhampered judicial decision-making underlying prosecutorial immunity also applies to attorneys representing the government in civil litigation. In Fry, the Ninth Circuit extended absolute immunity to IRS attorneys representing the government in tax litigation. Id. at 836. Especially persuasive to the Ninth Circuit in granting this immunity was the fact that the plaintiffs’ allegations were based solely upon the attorneys’ official conduct in representing the government. Id. (Doctrine of absolute immunity protects the defendant attorneys “if their allegedly improper conduct was intimately associated with the judicial phases” of the tax litigation.). Here, Plaintiffs allege attorney misconduct in the acceptance of witness testimony, and, the authenticity of declarations, certifications, and documentation submitted in the case. Plaintiffs also allege that Haws conspired with others to defame Plaintiffs by making false accusations in public; such allegations allegedly subjected Plaintiffs to shame and ridicule in the community. Amended Complaint, at 21, 35. The court finds that these allegations against the U.S. Attorney Defendants stem from the attorneys’ conduct during the case. Plaintiffs’ allegations against these government attorneys in Counts Four and Eleven are “intimately associated” with the judicial process in Case 91-0087. See Fry, 939 F.2d at 838. Public policy mandates that the U.S. Attorney Defendants be allowed to aggressively defend the United States without fear of personal liability. Therefore, the court finds the doctrine of absolute immunity an appropriate shield and DISMISSES Plaintiffs’ claims against the U.S. Attorney Defendants. B. Absolute Quasi-Judicial Immunity Federal Defendants further contend that Plaintiffs’ claims against Federal Clerk Defendants are barred by the doctrine of absolute quasi-judicial immunity or in the alternative, by qualified immunity. As their primary argument, Federal Defendants maintain that the court clerks implicated here have absolute quasi-judicial immunity in performing tasks that are an integral part of the judicial process. Mullis, 828 F.2d at 1390. In contrast, Plaintiffs seem to argue that the doctrine of absolute quasi-judicial immunity does not apply here because the alleged misconduct is not a matter of judicial discretion. See Gregory v. Thompson, 500 F.2d 59, 63 (9th Cir.19.74); McCray v. State of Maryland, 456 F.2d 1, 4 (4th Cir.1972). Plaintiffs further argue that the doctrine of absolute quasi-judicial immunity is not available because the Federal Defendants acted in bad faith. See Plaintiffs’ Objections to Federal Defendants’ Motion to Dismiss, at 20-21. Traditionally in the Ninth Circuit, “[c]ourt clerks have enjoyed absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process.” Mullis, 828 F.2d at 1390; Sharma v. Stevas, 790 F.2d 1486, 1486 (9th Cir.1986); Morrison v. Jones, 607 F.2d 1269, 1273 (9th Cir.1979), cert, denied, 445 U.S. 962, 100 S.Ct. 1648, 64 L.Ed.2d 237 (1980); Shipp v. Todd, 568 F.2d 133, 134 (9th Cir.1978); Stewart v. Minnick, 409 F.2d 826, 826 (9th Cir.1969). However, in recent years, the Supreme Court has distinguished judicial acts to which absolute immunity necessarily attaches and administrative acts for which such immunity is not available. The “touchstone” for the doctrine’s applicability has been the “performance of the function of resolving disputes between parties, or of authoritatively adjudicating private rights.” Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 435-436, 113 S.Ct. 2167, 2171, 124 L.Ed.2d 391 (1993) (quoting Burns v. Reed, 500 U.S. 478, 486, 111 S.Ct. 1934, 1939, 114 L.Ed.2d 547 (1991)). “When judicial immunity is extended to officials other than judges, it is because their judgments are functionally comparable to those of judges—that is, because, they, too, exercise a discretionary judgment as part of their function.” Id. (citations and quotations omitted). Administrative and ministerial acts are not accorded absolute quasi-judicial immunity. Id.; see also Chenh v. Logan, 1995 WL 530253, *2 (N.D.Ill.1995) (clerk and deputy clerk not entitled to quasi-judicial immunity for ministerial functions such as issuance of court orders pertaining to court rulings). Plaintiffs allege a myriad of claims against the clerks. See Amended Complaint, at 14-19, 36. The claims basically fall into two categories. One set of claims involves more generalized allegations of conspiracy. The other set of claims involve fraud in the upkeep of the files and the record. The court examines each in turn. Federal Clerk Defendants are implicated in Plaintiffs’ general allegations of a conspiracy to deprive them of their due process and equal protection rights. Plaintiffs do not specify how the Federal Clerk Defendants are involved in this conspiracy. Nevertheless, the court finds that insofar as the claims against the Federal Clerk Defendants involve judicial discretion, they are barred by the doctrine of absolute quasi-judicial immunity. Absolute quasi-judicial immunity also bars Plaintiffs’ claim that Magistrate Williams’ law clerk, Early, improperly attempted to coerce settlement because the court finds that alternative dispute resolution is a judge-like function. In sum, the court finds that all claims against the Federal Clerk Defendants requiring judicial discretion are necessarily precluded from suit by the doctrine of absolute quasi-judicial immunity. As for the remaining allegations regarding the upkeep of files and exhibits, the court finds that absolute quasi-judicial immunity does not apply. Plaintiffs allege misconduct in the performance of clerical tasks such as filing documents, scheduling hearings, and transcribing proceedings from tape recordings. These duties are more administrative in nature, and generally do not require judicial discretion. As such, the court finds these actions are ministerial duties that fall outside the bounds of quasi-judicial immunity. See Antoine, 508 U.S. at 434-438, 113 S.Ct. at 2171-72 (court reporter’s failure to produce a transcript of a federal criminal trial is not a discretionary act subject to the doctrine of absolute quasi-judicial immunity). According to Antoine, the court must analyze clerical functions such as filing, scheduling, and transcribing proceedings under the doctrine of qualified immunity. C. Qualified Immunity The existence of qualified immunity is a question of law. Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (9th Cir.1993). Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). Qualified immunity “generally turns on the ‘objective legal reasonableness’ of the action assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson v. Creighton, 483 U.S. 635, 639, 107 S.Ct. 3034, 3038, 97 L.Ed.2d 523 (1987) (quoting Harlow, 457 U.S. at 818-19, 102 S.Ct. at 2738). Since it grants immunity from suit, qualified immunity is intended to “permit courts expeditiously to weed out suits which fail the test without requiring the defendant who rightly claims qualified immunity to engage in expensive and time consuming preparation to defend the suit on its merits.” Siegert v. Gilley, 500 U.S. 226, 232, 111 S.Ct. 1789, 1793, 114 L.Ed.2d 277 (1991). There are essentially three basic inquiries to the qualified immunity test: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so clearly established as to alert a reasonable person to its constitutional parameters; and (3) the ultimate determination of whether a reasonable officer could have believed lawful the particular conduct at issue. See Romero v. Kitsap County, 931 F.2d 624, 627 (9th Cir.1991). The Supreme Court has indicated that the right allegedly violated must be particularized: [0]ur cases establish that the right the official is alleged to have violated must have been “clearly established” in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say that in the light of pre-existing law the unlawfulness must be apparent. Anderson, 483 U.S. at 640, 107 S.Ct. at 3039 (citations omitted). The Ninth Circuit expounded: [T]he proper fact-specific inquiry under Anderson is not whether the law is settled, but whether, in light of clearly established law and the information available to him, a reasonable person in [the official’s] position could have objectively believed his actions to be proper. Houghton v. South, 965 F.2d 1532, 1534 (9th Cir.1992) (citations omitted). A plaintiff who seeks damages for a violation of constitutional or statutory rights bears the initial burden of proving that the rights allegedly violated were clearly established at the time of the alleged misconduct. Houghton, 965 F.2d at 1534; Davis v. Scherer, 468 U.S. 183, 197, 104 S.Ct. 3012, 3020-3021, 82 L.Ed.2d 139 (1984). A court must examine the universe of statutory or decisional law to determine whether the right allegedly violated was clearly established. Elder v. Holloway, 510 U.S. 510, 513-515, 114 S.Ct. 1019, 1022, 127 L.Ed.2d 344 (1994). Qualified immunity is thus a “protective” rule which “provides ample support to all but the most plainly incompetent or those who knowingly violate the law.” Burns, 500 U.S. at 494-95, 111 S.Ct. at 1943-1944 (citation omitted). Moreover, the Ninth Circuit has adopted a heightened pleading requirement for § 1983 and Bivens cases against individual officials in which (1) defendants are entitled to assert the qualified immunity defense, and (2) their knowledge or intent is an element of the constitutional tort. Branch v. Tunnell, 14 F.3d 449, 452 (9th Cir.1994) (“Branch II”). [I]n order to survive a motion to dismiss, plaintiffs must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity. Branch v. Tunnell, 937 F.2d 1382, 1386 (9th Cir.1991) (‘Branch I”). In this case, Plaintiffs allege misconduct in Federal Clerk Defendants’ filing of documents submitted to the court, maintaining exhibits, scheduling hearings, sending notices, and transcribing proceedings. Plaintiffs claim a violation of their due process and equal protection rights. After reviewing the available case and statutory authority, the court finds no indication that, Federal Clerk Defendants violated a clearly established federal right. While Plaintiffs have cited to the court eases which support a citizen’s rights to meaningful access to the courts, they have not shown that the alleged acts fall within the constitutional parameters of those rights. Furthermore, Plaintiffs have not set forth evidence of unlawful intent in non-conclusory terms indicating that Clerk Defendants intended to violate Plaintiffs’ constitutional rights. General allegations that Federal Defendants acted “willfully, wantonly, maliciously, fraudulently, negligently, systematically and with specific intent” do not save the Complaint from dismissal on summary judgment. Such bare allegations of improper purpose fail to meet the Branch I heightened pleading standard. Branch I, 937 F.2d at 1386. Accordingly, the court DISMISSES Plaintiffs’ claims against Federal Clerk Defendants as barred by the doctrine of qualified immunity. D