4:24-cv-04063•Link et al v. Arkansas Department of Human Services et al
Link et al v. Arkansas Department of Human Services et al
4:24-cv-04063Arwd06.09.2024
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MARY LINK and THOMAS LINK PLAINTIFF v. Civil No. 4:24-cv-04063 ARKANSAS DEPARTMENT OF HUMAN SERVICES, et al DEFENDANT REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is Defendants’ Motion to Dismiss. ECF No. 17. Plaintiffs have responded to the Motion. ECF No. 20, 24. This matter has been referred to the undersigned, and it is now ripe for consideration. 1. Background: Plaintiffs, Mary Link and Thomas Link bring this pro se action pursuant to 42 U.S.C. § 1983. ECF No. 3. Plaintiffs make claims against the Arkansas Department of Human Services (“DHS”) and three DHS employees Jonathan Scott (“Scott”) Alexis Lampkins (“Lampkins”), and Peter Ferrara (“Ferrara”) individually and in their official capacity as employees of DHS. Id. The basis of the suit stems from the removal of their three children from their home by DHS.0F 1 Defendants have filed a Motion to Dismiss stating, (1) the Court lacks subject-matter jurisdiction pursuant to the Rooker-Feldman abstention doctrine; (2) The Eleventh Amendment bars claims against a state agency; and (3) Qualified immunity protects the individual Defendants Scott, Lampkins and Ferrara. ECF No. 17. Defendants seek dismissal of Plaintiffs’ claims 1 A detailed discussion of the facts and procedural background can be found in Link v. Arkansas Department of Human Services, 680 S.W. 3d 724 (Ark. App. 2023). Case 4:24-cv-04063-SOH Document 25 Filed 09/06/24 Page 1 of 5 PageID #: <pageID>
2 under Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction and under Rule 12(b)(6) for failure to state a claim. 2. Applicable Law: “Federal courts are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute.” Great Lakes Gas Transmission Ltd. P'ship v. Essar Steel Minn. LLC, 843 F.3d 325, 328 (8th Cir. 2016) (citing Gunn v. Minton, 568 U.S. 251, 256 (2013) ). Federal Rule of Civil Procedure 12(b)(1) allows a defendant to seek dismissal of an action for lack of subject-matter jurisdiction. Fed. R. Civ. P. 12(b)(1). Dismissal of a case pursuant to Rule 12(b)(1) may occur through a challenge to the complaint “on its face or on the factual truthfulness of its averments.” Titus v. Sullivan, 4 F.3d 590, 593 (8th Cir.1993). When ruling on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a federal district court should accept the allegations contained in the complaint as true. See Young v. City of St. Charles, 244 F.3d 623, 627 (8th Cir.2001). Further, any reasonable inferences from the complaint are drawn in favor of the nonmoving party. See id. A motion to dismiss is properly granted when, based on the plaintiff's own allegations, it is clear that the defendant is entitled to judgment as a matter of law. See Young, 244 F.3d at 627. “Though pro se complaints are to be construed liberally, see Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285 (1976), they still must allege sufficient facts to support the claims advanced.” Stone v. Harry, 364 F.3d 912, 914 (8th Cir.2004). To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim for relief that is plausible on its face.” Id. (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). 3. Discussion: Defendants argue the Court lacks subject-matter jurisdiction over the Plaintiffs’ claim pursuant to the Rooker-Feldman doctrine. Because Rooker-Feldman implicates a jurisdictional Case 4:24-cv-04063-SOH Document 25 Filed 09/06/24 Page 2 of 5 PageID #: <pageID>
3 question, it must be addressed at the outset. Silverman v. Silverman, 338 F.3d 886, 893 (8th Cir. 2003). The Rooker-Feldman abstention doctrine precludes a district court from reviewing any final state court decision on the merits, because “federal jurisdiction to review most state court judgments is vested exclusively in the United States Supreme Court.” Simes v. Huckabee, 354 F.3d 823, 827 (8th Cir. 2004) (quoting Lemonds v. St. Louis Cnty., 222 F.3d 488, 492 (8th Cir. 2000) ). If a claim is barred under Rooker-Feldman, the federal court lacks subject-matter jurisdiction and the case must be dismissed. The Rooker-Feldman doctrine applies only in the limited circumstance in which a party “seeks to take an appeal of an unfavorable state court decision to a lower federal court.” Lance v. Dennis, 546 U.S. 459, 466 (2006). The doctrine prevents a state court loser “from seeking what in substance would be appellate review of the state judgment in a [federal] district court, based on the losing party's claim that the state judgment itself violates the loser's federal rights.” Johnson v. De Grandy, 512 U.S. 997, 1005-1006 (1994). Additionally, the doctrine precludes subject-matter jurisdiction over claims which are “inextricably intertwined” with state court decisions. Simes, 354 F.3d at 827. If a claim is “inextricably intertwined” with a state court decision, a federal court lacks subject-jurisdiction unless the federal plaintiff was not given a “reasonable opportunity” to raise their federal claim in the state proceedings. Id. As previously stated, the basis of Plaintiffs claims stem from the removal of their children from their home by DHS. Plaintiffs’ children were removed from their home pursuant to an order of the Circuit Court of Miller County, Arkansas. See Link v. Arkansas Department of Human Services, 680 S.W. 3d 724 (Ark. App. 2023). The Plaintiff’s separately appealed this state trial court removal order to Arkansas Court of Appeals. Id. In this appeal, Mary Link argued DHS failed to sufficiently prove the children were dependent-neglected and that DHS failed to make reasonable efforts to prevent the children's removal. Id. Thomas Link also argued DHS failed to Case 4:24-cv-04063-SOH Document 25 Filed 09/06/24 Page 3 of 5 PageID #: <pageID>
4 sufficiently prove the children were dependent-neglected. Id. On December 6, 2023, the Arkansas Court of Appeals affirmed an adjudication order finding that Plaintiffs’ children were dependent- neglected. Id. In making this finding, the Arkansas Court of Appeals held that (1) the trial court committed no clear error in finding the children dependent-neglected and (2) there was no clear error in the trial court finding that DHS made reasonable efforts to prevent removal of the children. Id. at 732. “The pertinent question in determining whether a federal district court is precluded under the Rooker-Feldman doctrine from exercising subject-matter jurisdiction over a claim is whether the ‘source of the injury’ upon which plaintiff bases his federal claim is the state court judgment.” In re Cook, 551 F.3d 542, 548 (6 th Cir. 2009). Here, Plaintiffs’ alleged claims arise directly out of the state court's order removing Plaintiff’s children from their home and the Arkansas Court of Appeals affirmance of that trial court order. In their Complaint in this case, Plaintiffs allege there was no evidence the children had been neglected or abused; that there were other, more reasonable and less intrusive means, to secure the children’s safety and security without seizing the children; and that Defendants “continue to hold jurisdiction over the children” depriving the Plaintiffs and the children of familial relationship without just cause. ECF No. 3. Plaintiff's Complaint expressly seeks to overturn the state trial court’s decision and the state appellate court’s affirmance of that decision. Once a party has litigated in state court, the party “cannot circumvent Rooker–Feldman by recasting his or her lawsuit as a § 1983 action.” Bechtold v. City of Rosemount, 104 F.3d 1062, 1065 (8th Cir. 1997). This Court lacks jurisdiction over these claims under the Rooker-Feldman doctrine. 1F 2 2 Although this Court recommends dismissal under the Rooker-Feldman doctrine, the Court would also point out that neither the State of Arkansas nor its agencies are subject to suit under § 1983. Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989). Claims against officers of a state agency are likewise barred because the claims are the equivalent of a suit against a state agency and Eleventh Amendment immunity precludes such claims. See also Alsbrook v. City of Maumelle, 184 F.3d 999, 1010 (1999)(Section 1983 suit could not be brought against state commissioners in their official capacities, because such suit was no different than a suit against the state Case 4:24-cv-04063-SOH Document 25 Filed 09/06/24 Page 4 of 5 PageID #: <pageID>
5 4. Conclusion: Based upon the foregoing, the Court recommends Defendant’s Motion to Dismiss (ECF No. 17) be GRANTED and that the claims of Plaintiffs be DISMISSED with prejudice. The Parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. See Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990). DATED this 6th day of September 2024. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE itself). Morstad v. Dep't of Corr. & Rehab., 147 F.3d 741, 743–44 (8th Cir.1998) (Eleventh Amendment immunity bars § 1983 lawsuit against state agency or state official in official capacity even if state entity is the moving force behind deprivation of federal rights). Case 4:24-cv-04063-SOH Document 25 Filed 09/06/24 Page 5 of 5 PageID #: <pageID>
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