(PS) Primeaux et al v. County of Solano et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CURTIS DANIEL PRIMEAUX &
PERRIELIN SESSIONS
Plaintiffs,
v.
COUNTY OF SOLANO, et al.,
Defendants.
Case No. 2:25-cv-3139-DC-JDP (PS)
ORDER
Plaintiffs bring this action against numerous defendants—seventeen, as best I can
discern—and challenges an adverse child custody decision issued by California state courts. ECF
No. 1 at 47. The complaint, as articulated, does not present a cognizable federal claim. I will
dismiss the complaint and give plaintiffs an opportunity to remedy the deficiencies identified
below.
Screening and Pleading Requirements
A federal court must screen the complaint of any claimant seeking permission to proceed
in forma pauperis. See 28 U.S.C. § 1915(e). The court must identify any cognizable claims and
dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon
which relief may be granted, or seeks monetary relief from a defendant who is immune from such
relief. Id.
A complaint must contain a short and plain statement that plaintiff is entitled to relief,
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Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its
face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not
require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009). If the allegations “do not permit the court to infer more than the mere
possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not
identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024,
1038 (9th Cir. 2016). Instead, what plaintiff must state is a “claim”—a set of “allegations that
give rise to an enforceable right to relief.” Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264
n.2 (9th Cir. 2006) (en banc) (citations omitted).
The court must construe a pro se litigant’s complaint liberally. See Haines v. Kerner, 404
U.S. 519, 520 (1972) (per curiam). The court may dismiss a pro se litigant’s complaint “if it
appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which
would entitle him to relief.” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017).
However, “‘a liberal interpretation of a civil rights complaint may not supply essential elements
of the claim that were not initially pled.’” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251,
1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).
Analysis
Plaintiffs have filed a lengthy complaint that, distilled to its essence, is an attempt to
challenge an adverse child custody decision and to sue many individuals who had involvement in
the events leading to the loss of custody. ECF No. 1 at 47-52.
As an initial matter, plaintiffs, who are proceeding pro se, purports to bring this suit on
behalf of their minor son. Id. at 1. Pro se litigants, however, cannot assert claims on behalf of
others. See Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008) (pro se plaintiffs are
generally prohibited “from pursuing claims on behalf of others in a representative capacity”);
Johns v. Cnty. of San Diego, 114 F.3d 874, 876 (9th Cir. 1997) (holding that a parent may not
bring suit on behalf of a minor child without first retaining an attorney).
Federal courts have consistently recognized that, under the Rooker-Feldman doctrine, they
lack the authority to review final state court decisions. See Lance v. Dennis, 546 U.S. 459, 463
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(2006) (“Accordingly, under what has come to be known as the Rooker-Feldman doctrine, lower
federal courts are precluded from exercising appellate jurisdiction over final state-court
judgments.”); Worldwide Church of God v. McNair, 805 F.2d 888, 890 (9th Cir. 1986) (“The
United States District Court, as a court of original jurisdiction, has no authority to review the final
determinations of a state court in judicial proceedings.”). This applies to decisions related to
child custody. See Ankenbrandt v. Richards, 504 U.S. 689, 702-04 (1992) (the domestic relations
exception to federal subject matter jurisdiction “divests the federal courts of power to issue
divorce, alimony and child custody decrees”); see also Peterson v. Babbitt, 708 F.2d 465, 466
(9th Cir. 1983) (“[F]ederal courts have uniformly held that they should not adjudicate cases
involving domestic relations, including the custody of minors and a fortiori, right of visitation; the
whole subject of domestic relations and particularly child custody problems is generally
considered a state law matter”) (internal quotation marks omitted). “Even when a federal
question is presented, federal courts decline to hear disputes [that] would deeply involve them in
adjudicating domestic matters.” Thompson v. Thompson, 798 F.2d 1547, 1558 (9th Cir. 1986).
Here, the allegations appear to be little more than an attempt to appeal a final, adverse state court
decision.
Additionally, some of the defendants plaintiffs have attempted to sue are non-cognizable
under section 1983. For instance, the medical providers who reported plaintiffs’ alleged abuse
are not state actors within the meaning of section 1983. See Sawyer v. Legacy Emanuel Hospital
& Health Center, 418 F. Supp.3d 566, 572 (D. Or. 2019) (“merely reporting suspected child
abuse does not constitute state action for purposes of § 1983”) (internal quotations and
punctuation omitted). And although the complaint references Native American heritage on the
part of Plaintiff Sessions, it fails to allege violations of the Indian Child Welfare Act insofar as it
does not allege facts that, if true, would establish that the child at issue is Native American. See
Brogdon v. Wash. State Dep’t of Child., NO. 3:23-cv-05832-BHS, 2024 U.S. Dist. LEXIS 61594,
*7 (W.D. Wash. Apr. 3, 2024) (“A complaint is insufficient in this regard if it merely alleges facts
that suggest there is reason to know a child may be an Indian child.”).
The complaint is dismissed with leave to amend so that plaintiffs may explain why this
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action should proceed. Any amended complaint will entirely supersede the initial one and must
be complete in itself. It should be titled “First Amended Complaint” and be filed within thirty
days of this order’s entry.
Accordingly, it is ORDERED that:
1. Plaintiffs’ complaint, ECF No. 1, is DISMISSED with leave to amend.
2. Within thirty days from service of this order, plaintiff shall file either (1) an amended
complaint or (2) notice of voluntary dismissal of this action without prejudice.
3. Failure to timely file either an amended complaint or notice of voluntary dismissal may
result in the imposition of sanctions, including a recommendation that this action be dismissed
with prejudice pursuant to Federal Rule of Civil Procedure 41(b).
4. The Clerk of Court shall send plaintiff a complaint form with this order.
5. Plaintiffs’ applications to proceed in forma pauperis, ECF Nos. 3 & 4, are GRANTED.
IT IS SO ORDERED.
Dated: January 6, 2026
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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