Plaintiff accuses Defendant (mother) of Conspiracy to Deprive Procedural Due Process


U.S. District Court for the Eastern District of New York | Official Website

A father has taken legal action against the mother of his child, accusing her of conspiring with a state judge to unlawfully suspend his parental rights. Justin Ross Malkin filed a complaint in the United States District Court for the Eastern District of New York on December 3, 2025, against Emily Rachel Levin. The lawsuit alleges that Levin, with the aid of Family Court Judge Gregory L. Gliedman, orchestrated an ex parte order that suspended Malkin's unsupervised visitation rights without due process.

The case revolves around a series of events that began in April 2025 when Levin filed an emergency petition alleging concerns about Malkin's behavior and drug use, which led to the suspension of his visitation rights. According to Malkin's complaint, this suspension was executed without any judicial findings or hearings and was based on unsubstantiated claims made by Levin. The plaintiff argues that these actions violated his civil rights under 42 U.S.C. § 1983 by depriving him of fundamental parental rights without due process.

Malkin and Levin are parents to a minor child born in 2011, and they had previously established a Parenting Agreement in 2015 for joint custody. However, disputes arose over time regarding various aspects of their child's upbringing, including medical care and education. Tensions escalated in early 2025 when disagreements about school plans and allegations from Levin led to her filing for emergency relief from the court.

In response to these developments, Malkin asserts that the Family Court's swift adoption of Levin's petition — within just 24 hours — was highly irregular and indicative of pre-coordination between Levin and Judge Gliedman. He further claims that this procedural deviation lacked statutory support and deprived him of his right to be heard or contest the allegations.

Malkin is seeking compensatory and punitive damages for what he describes as severe emotional distress, reputational harm, financial injury, and loss of parenting time caused by this alleged conspiracy. He also demands reasonable attorney’s fees under federal law.

Representing Malkin is attorney Brandon Sample from Criminal Center LLC based in Washington D.C., while no specific attorneys are listed for Emily Rachel Levin in the document. The case is being presided over by Judge Gregory L. Gliedman under Case No. 1:25-cv-6673.

Source: 125cv06673_Malkin_v_Levin_Complaint_Eastern_District_New_York.pdf

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