Hudson v. Amer Arb Assn, et al

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30061
Summary Calendar
JOHN HUDSON,
Plaintiff-Appellant,
versus
AMERICAN ARBITRATION ASSOCIATION,
INC.; BORG-WARNER PROTECTIVE SERVICES
CORPORATION; BURNS INTERNATIONAL
SECURITY SERVICES,
Defendants-Appellees.
Appeal from the United States District Court for
the Middle District of Louisiana
(USDC No. 03-CV-150-C)
_______________________________________________________
Before REAVLEY, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*

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2
Plaintiff John Hudson submitted his wrongful termination and defamation claims to
arbitration under an agreement with his employer Borg-Warner Protective Services. The
arbitrator returned a decision on April 12, 2002. Plaintiff appealed that decision on
February 26, 2003. The district court dismissed his claims under FED. R. CIV. P. 12(b)(6).
We affirm the district court’s dismissal as the relevant statute of limitations provides only
three months to appeal from arbitration orders. 9 U.S.C. § 12. As Hudson was appealing
an arbitration order rather than a district court order, the district court properly applied §
12 rather than FED. R. CIV. P. 60(b).
Any equal protection claims against the district court are barred by judicial
immunity. Mireles v. Waco, 502 U.S. 9, 11-12 (1991). Any equal protection claims or
claims of misdeeds by the American Arbitration Association are barred by arbitral
immunity. Hawkins v. Nat’l Ass’n of Sec. Dealers, Inc., 149 F.3d 330, 332 (5th Cir. 1998).
AFFIRMED.

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