1:25-cv-00768•Feinberg et al v. Dauphin County Social Services for Children and Youth et al
Feinberg et al v. Dauphin County Social Services for Children and Youth et al
1:25-cv-00768Pamd9 déc. 2025
Texte intégral
1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HADASSAH FEINBERG, et al., : CIV. NO. 1:25-CV-768 : Plaintiffs, : (Judge Saporito) : v. : (Magistrate Judge Carlson) : DAUPHIN COUNTY CHILDREN : AND YOUTH, et al., : : Defendants. : REPORT AND RECOMMENDATION I. Factual Background and Procedural History The plaintiff in this case, Hadassah Feinberg, is a prolific, and prodigiously unsuccessful, litigant who, for years, has been pursuing claims of wide-sweeping conspiracies involving county, township, law enforcement, and individual defendants in federal and state court.1 Feinberg’s cases follow a characteristic pattern involving voluminous filings against a slew of defendants attempting to implicate them in conspiratorial pursuits, some of which involve Feinberg and some which do not. Indeed, some of her past legal forays have alleged grandiose scenarios that appear more imagined than real, accusing high-ranking officials, including 1 See Feinberg v. Smith, et al., 1:23-cv-02165; Feinberg v. Chardo, et al., 1:24-cv- 00706; Feinberg v. Cintron, et al., 1:24-cv-01377. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 1 of 33
2 Philadelphia District Attorney Larry Krasner and the Governor of Pennsylvania, of participating in an organized crime ring.2 Feinberg v. Cintron, 1:24-cv-1377. There is a second troubling aspect to Finberg’s idiosyncratic approach to litigation. After Feinberg lodges facially deficient complaints she often files notices of voluntary dismissal of those claims when her meritless pleadings are challenged. Indeed, Feinberg has engaged in this expedient behavior on at least three occasions during the past year. See Feinberg v. Smith, 1:23-CV-2165 (Docs. 150, 151); Feinberg v. Schwab, 4:25-CV-591 (Docs. 6,7); Feinberg v. Dauphin County Social Services, 1:25-CV-768 (Doc. 81). This characteristic and feckless style of litigation bleeds into the instant case. Recently, Feinberg has repeatedly pursued claims against dozens of defendants relating to the brief removal of her children from her home in 2023 by Dauphin County Children and Youth Services (CYS). In pursuing these claims against a number of CYS and Department of Human Services (DHS) employees, school district, law enforcement, and medical personnel, Feinberg has patently attempted to avoid the Court’s judgment on her meritless and frivolous claims by voluntarily dismissing her case, which the Court had already recommended be dismissed, then 2Feinberg also purportedly filed a private criminal complaint alleging Governor Shapiro was somehow implicated in the assassination attempt of President Donald Trump in Butler, PA. (Doc. 74, ⁋ 22) Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 2 of 33
3 refiling the same claims in a new case. 3 Indeed, as argued by the defendants in their motion for costs, Feinberg has now filed seven lawsuits against the CYS defendants in state and federal court.4 This has not gone unnoticed by the Court. Thus, at the outset, Feinberg’s pattern of vexatious litigation, including reasserting claims here that had previously been recommended dismissed by this Court, casts grave doubt upon the meritoriousness of these claims. Nonetheless, very generally stated, Feinberg alleges the thirty-one defendants in this case engaged in a conspiracy to retaliate against her5 by removing her children from her home for eight days in 2023 and engaged in a wide-spread coverup of child abuse. Her over fifty- 3 As we have noted, this is not the first time she has engaged in this type of conduct. In the 2023 iteration of this case that was referred to Magistrate Judge Schwab, Feinberg filed a parallel 105-page complaint alleging RICO violations by a number of the same defendants which was later consolidated with her other claims. Feinberg v. Chardo, 1:24-CV-706 (M.D. Pa. 2024). Moreover, after Judge Schwab recommended her claims in the previous case citing these same factual allegations, Feinberg sued the Judge, but later voluntarily dismissed her those claims as well. See Feinberg v. Schwab et. al., 4:25-cv-00591. 4 See Doc. 48, at 9 (collecting cases). 5 As discussed below, one of the many ambiguities of Feinberg’s complaint is that, while she clearly alleges whatever conduct for which the defendants were retaliating was protected, the precise protected activity, and the retaliatory motive of many of the defendants, is somewhat unclear. But, broadly construed, she alleges that, at least some of the defendants retaliated against her for reporting CYS to various state authorities for their failure to investigate the alleged abuse of the Smith children. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 3 of 33
4 page complaint alleges that, in October 2023, she took temporary custody of the four children of an acquaintance, the Smith children, who were located in deplorable conditions and in need of medical attention. (Doc. 1, at 2). According to Feinberg, she discovered evidence that the children were being physically abused and reported the abuse to several officials at CYS and had the children evaluated at the hospital. (Id., ⁋⁋ 70-79). The plaintiff alleges it took her numerous calls to get CYS to respond, including a call to Dauphin County Commissioner Defendant George Hartwick, but that they sent Defendant Scott Smith to her home the day after she took custody of the children, on October 13, 2023. (Id., 80-82). Defendant Smith took pictures of the bruising and marking on the Smith children and told the plaintiff he would investigate. (Id., ⁋ 83). While at her home, Defendant Smith pointed out a “safety sleeper-bed” prescribed for one of her children, A.F., who suffers from several mental and physical disabilities. (Id., ⁋ 84). The plaintiff then alleges that Defendant Smith initiated a child abuse investigation against her, alleging that Feinberg was restraining A.F. in a zipped tent- bed. (Id., ⁋ 114). She asserts that Smith appeared at various times at her home and at her children’s schools and interviewed them without supervision or her consent, causing them distress. (Id., ⁋⁋ 114-118; 177-82). Feinberg called Dauphin County and Susquehanna Township Police to report that she was the victim of retaliation and that her family was in danger, but she alleges that Defendant A.J. Young of the Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 4 of 33
5 Susquehanna Township Police also threatened to charge her with child endangerment. (Id., ⁋⁋ 121-22). She also reported the alleged retaliation to the Baltimore Police Department and Defendant Kenneth Keller of the FBI, who she alleges indicated he would make an official report. (Id., ⁋⁋ 123-25). Feinberg then moved her family to Cumberland County and filed a petition in the Commonwealth Court of Pennsylvania for retaliation and abuse. (Id., ⁋⁋ 127-28). On November 2, 2023, a Dauphin County judge issued a verbal order approving the removal of Feinberg’s children from her home and, on November 3, 2023, CYS took custody of Feinberg’s children. (Id., ⁋⁋ 129-30). CYS’s petition was dismissed as unfounded on November 16, 2023, by the Cumberland County Court of Common Pleas and her children were returned to her the next day. (Id., ⁋ 132). Broadly construed, Feinberg alleges that the child abuse investigation initiated against her, which resulted in the removal of her children from her home for thirteen days, was initiated because she contacted public officials regarding CYS’s failure to respond to her and investigate the alleged abuse of the Smith children. Feinberg also includes a number of other side plots in her narrative. For example, she alleges that CYS caseworkers insisted she use their preferred adoption services provider, Families United, despite her preference of using another provider, because of a financial kickback and threatened to withhold funding if she did not comply. (Doc. 1, ⁋⁋ 88-97). Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 5 of 33
6 Feinberg is also suing the medical defendants Penn State Hershey Medical Center and Doctor Kathryn Crowell, alleging that, when she took the Smith children for a follow-up visit regarding the alleged child abuse, Crowell snatched the documentation of the alleged abuse from her hand and was dismissive of their injuries and that an unknown physician’s assistant blocked her from leaving when she tried to leave one of the Smith children at the hospital to pick up her own children. (Id., ⁋⁋ 155-67). Feinberg then left the three Smith children at Hershey Medical Center and they were later placed back with their mother. (Id., ⁋⁋ 168-70). Her allegations against the third medical defendant, Doctor Ryan Spotts, seemingly amount only to his failure to intervene in the alleged ongoing retaliation campaign against her, despite a duty to A.F. as his primary care provider. (Id., ⁋⁋ 278-79). She also alleges that Officer Young of the Susquehanna Township police department, repeatedly stalked, harassed, and threatened her, and even placed his hands on her and made threats against her life. (Id., ⁋⁋ 122, 175-76, 199-201, 212- 15), that her attorney, Defendant Marc Scaringi, was part of the coordinated effort against her and communicated with CYS about matters in the case, (Id., ⁋⁋ 189-92), and various other discrete incidents against the myriad defendants which she alleges demonstrate a calculated effort to retaliate against her. The plaintiff first filed a complaint concerning these factual allegations, naming many of the same defendants, on December 29, 2023. See Feinberg v. Smith, Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 6 of 33
7 1:23-cv-02165. On March 18, 2025, the Court, Schwab, M.J., recommended her complaint be dismissed in its entirety without leave to amend. Id. (Doc. 146). Presented with this Report and Recommendation, Feinberg then voluntarily dismissed her complaint on April 10, 2025. Id. (Docs. 150, 151). However, having abandoned these claims on April 10, 2025, less than one month later Feinberg filed the instant complaint, alleging the same essential series of events against many of the same defendants, on May 2, 2025. (Doc. 1). 6 The defendants responded to this latest effort by Feinberg to repackage the claims which 6 Her complaint names thirty-one defendants who have filed six different motions to dismiss. For clarity purposes, we address the groups of defendants as they have filed their motions to dismiss. The “Dauphin County Defendants,” include Dauphin County, Dauphin County Social Services for Children and Youth, Dauphin County CYS caseworkers Scott Smith, Marisa McClellan, Allison Vajdic, Amanda Ozenbaugh, Lisa Wheeler, Shapree Random, Noelle Barrett, and Kim Deiber, Director of Dauphin County CYS Randi Yeager, and Dauphin County Commissioner George Hartwick. The “Medical Defendants” include Penn State Milton Hershey Medical Center, Dr. Kathryn Crowell, and Dr. Ryan Spotts. The “Susquehanna Township School District (STSD) Defendants” include Susquehanna Township School District, Superintendent of Susquehanna Township School District Tamara Willis, and Principal of Sara Lindemuth Elementary Andrea Martin. The “Law Enforcement Defendants” include Susquehanna Township Chief of Police Robert Martin, and Susquehanna Township Police Officers Lee Ann Tarasi and Adam “A.J.” Young. The “Commonwealth Defendants” include Pennsylvania Department of Human Services (PA DHS), Secretary of PA DHS Valerie Arkoosh, Regional Director for Central Region of the Office of Children and Youth (OCYF) Gabi Williams, and OCYF investigators Carrie Self and Sally Lupini. Feinberg’s former attorney, Mark Scarigni, has filed his own separate motion to dismiss. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 7 of 33
8 she had previously abandoned by once again moving to dismiss this this redundant complaint. (Docs. 35, 40, 41, 42, 45, 58). Presented with these legal challenges to her latest complaint, Feinberg’s case has now followed an increasingly familiar pattern—it has imploded. This implosion had particularly bizarre aspects and began on November 19, 2025, when local counsel for the plaintiff filed a motion to withdraw his appearance. (Doc. 74). The motion was supported by an extraordinary and detailed factual recital including averments that “Ms. Feinberg had procured [co-counsel’s] imprisonment for eight days in a Florida jail,” and the revelation that local counsel recently “discovered that Ms. Feinberg has made accusations that Governor Josh Shapiro had engaged in a conspiracy to engineer the assassination attempt directed at then-former President Trump in Butler, PA in July, 2024.” (Doc. 74, ¶¶ 21, 22). On November 20, 2025, we granted this motion, finding that “it is difficult to imagine an event which would more thoroughly undermine the trust relationship that must exist between attorneys and a client than the imprisonment of a lawyer, allegedly instigated by the client.” (Doc. 75). At 1:52 a.m. on Sunday, November 23, 2025, a pro se submission was then emailed by the plaintiff to our chambers email account. In this submission the plaintiff identified herself as Hadassah Harris, and averred that she was now the spouse of lead counsel in this case. Ms. Feinberg-Harris also confirmed that she had Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 8 of 33
9 instituted legal proceedings against her attorney-husband, including an injunction which forbids her spouse, and lead counsel, from communicating with her and her family, a circumstance which seems to make lead counsel’s continued representation of the plaintiffs in this case impossible. (Doc. 77). Ms. Feinberg-Harris then sought appointment of counsel for the remaining plaintiffs in this case. She made this request, however, at a time when, as discussed in the attached addendum to this Report and Recommendation, the viability of these legal claims was in grave doubt, and we were considering multiple motions to dismiss this case. (Doc. 77). We denied this request without prejudice, finding that appointment of counsel would be premature since we have not had the opportunity to fully consider the threshold factor we must examine: the arguable merits of the plaintiffs’ claims which are the subject of pending motions to dismiss. (Doc. 78). At 8:44 p.m. on November 25, 2025, Feinberg-Harris emailed the court, all counsel, and numerous third parties expressing the intention to voluntarily dismiss this case in its entirety. We instructed Feinberg to file a motion confirming that she had fired her estranged spouse as her counsel and requesting a voluntary dismissal of this lawsuit. (Doc. 80). Feinberg complied with this request on November 26, 2025, by filing a notice of voluntary dismissal without prejudice, (Doc. 81), and we permitted all parties the opportunity to address her notice. (Doc. 83). Accordingly, this case is now ripe for resolution. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 9 of 33
10 II. Discussion A. Since No Answer or Summary Judgment Motion Has Been Filed in this Case, Feinberg May File a Notice of Voluntary Dismissal. But Since “the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.” Fed. R. Civ. P. 41(a)(1)(B). Further, the Court Still Retains Jurisdiction to Address Pending Sanctions Requests. This is the second occasion on which Feinberg has filed a notice of voluntary dismissal of the same essential claims pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, which provides that: “the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i): “affixes a bright-line test to limit the right of dismissal to the early stages of litigation,” Manze, 817 F.2d at 1065, which “simplifies the court's task by telling it whether a suit has reached the point of no return. If the defendant has served either an answer or a summary judgment motion it has; if the defendant has served neither, it has not.” Id. (quoting Winterland Concessions Co. v. Smith, 706 F.2d 793, 795 (7th Cir.1983)). Up to the “point of no return,” dismissal is automatic and immediate—the right of a plaintiff is “unfettered,” Carter v. United States, 547 F.2d 258, 259 (5th Cir.1977). In re Bath & Kitchen Fixtures Antitrust Litig., 535 F.3d 161, 165 (3d Cir. 2008). In the instant case, the procedural prerequisites for the filing of a Rule 41(a)(1)(A)(i) notice are satisfied since it appears from the docket that neither an answer nor a summary judgment motion—the two events which curtail a plaintiff’s Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 10 of 33
11 untrammeled right to voluntarily dismiss a frivolous claim—has been filed by any defendant. Instead, the defendants have simply filed multiple motions to dismiss this complaint. However, “[b]ecause a motion to dismiss under Fed.R.Civ.P. 12(b)(6) is neither an answer nor a motion for summary judgment, its filing generally does not cut off a plaintiff's right to dismiss by notice.” Id. at 166. Therefore, Feinberg may rely upon Rule 41(a)(1)(A)(i) to dismiss this case. However, it is also clear that Rule 41(a) does not provide a license for vexatious litigants to repeatedly file and then dismiss frivolous lawsuits. Quite the contrary, Rule 41 specifically prohibits such legal gamesmanship stating that: “if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.” Fed. R. Civ. P. 41(a)(1)(B). This: two-dismissal rule creates an exception: “[I]f the plaintiff previously dismissed any federal -or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.” Id. There are four requirements that must be met to trigger the two-dismissal rule: (1) the plaintiff voluntarily dismissed an action in either state or federal court, (2) thereafter the plaintiff voluntarily dismissed a second action pending in federal court, (3) the two dismissals concerned the same claim, and (4) the plaintiff seeks to raise the twice-dismissed claim again in federal court. Id.; see Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1076 (9th Cir. 1999) (“[W]hether the second voluntary dismissal is subject to the two dismissal rule ... is an issue that becomes ripe (and can be determined) only in a third action, if and when one is filed.”). The two-dismissal rule was adopted to “limit a plaintiff's ability to dismiss an action” and “curb abuses” of “liberal state and federal procedural rules [that] often Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 11 of 33
12 allowed dismissals or nonsuits as a matter of right until the entry of the verdict.” Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 397, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990). Rose Ct., LLC v. Select Portfolio Servicing, Inc., 119 F.4th 679, 685–86 (9th Cir. 2024). On this score: Neither the Supreme Court nor this court has addressed what “the same claim” means for purposes of the two-dismissal rule. Fed. R. Civ. P. 41(a)(1)(B). However, some . . . circuits have interpreted this phrase and concluded that claims are the same for relevant purposes if they arise out of the same transaction or occurrence. See, e.g., Jian Yang Lin v. Shanghai City Corp, 950 F.3d 46, 50 (2d Cir. 2020) (analogizing the two-dismissal rule to the doctrine of res judicata and holding that a subsequent claim is the same if “it arises from the same transaction or occurrence as the first action”); Brown v. Hartshorne Pub. Sch. Dist. # 1, 926 F.2d 959, 961 (10th Cir. 1991) (concluding that the two- dismissal rule was inapplicable where the first two dismissals involved claims of discrimination occurring in 1979 and the present action alleged discrimination occurring between 1984 and 1986). Id. at 686. Thus, a determination regarding whether the two-dismissal rule applies typically entails examining the degree to which the two dismissed cases involve: an overlap of defendants; a common nucleus of operative facts; and a commonality of legal claims. Judged by these legal guideposts, Feinberg’s second voluntary dismissal in this case clearly triggers Rule 41’s two dismissal rule. Indeed, a review of the two complaints which Feinberg has filed, and then abandoned, reveals that they share identical plaintiffs and many common defendants. Further, both complaints purport to arise out of the same common nucleus of operative facts. In addition, the two Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 12 of 33
13 complaints advance virtually identical constitutional claims under the First, Fourth, Fifth, and Fourteenth Amendments. Moreover, while we need not ultimately reach the merits of her latest complaint given Feinberg’s decision to abandon this case, the two complaints share one other common quality which strongly favors invocation of the two dismissal rule—they both appear to be legally frivolous. Indeed, Judge Schwab’s Report and Recommendation in Feinberg v. Smith, 1:23-CV-2165 (Doc. 146), which found Feinberg’s complaint to be deeply flawed, clearly served as the legal catalyst for the abandonment of Feinberg’s first complaint, and the addendum to this Report and Recommendation reveals that Feinberg’s current complaint still suffers from the same profound legal defects. Accordingly, with one exception, Rule 41’s two dismissal rule applies here since “the plaintiff previously dismissed a[] federal- or state-court action based on or including the same claim.” Therefore, this “notice of dismissal [should] operate[] as an adjudication on the merits.” Fed. R. Civ. P. 41(a)(1)(B). That sole exception to the two-dismissal rule relates to the claims that Feinberg purported to bring on behalf of her children. It is well established that the plaintiff, acting pro se, may not represent these children or compromise their legal claims. See Osei-Afriyie by Osei- Afriyie v. Med. Coll. of Pennsylvania, 937 F.2d 876, 878 (3d Cir. 1991). Therefore, while the children’s claims may lack merit, their rights should not be restricted or Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 13 of 33
14 denied by Feinberg’s conduct. Therefore, the children’s claims should be dismissed without prejudice. Finally, we note that there are also several pending motions which seek imposition of sanctions against the plaintiff or her lead counsel, 7 along with requests that the Court impose a narrowly tailored injunction requiring Feinberg to obtain leave of court prior to filing any additional lawsuits. (Docs. 36, 58, 79, 84, 85). With respect to these requests for collateral relief, it is clear that Feinberg and her lead counsel cannot avoid the potential legal consequences of their actions through the simple expedient of filing a voluntary dismissal of this case. Quite the contrary, the Court plainly retains the ability to address post-judgment sanctions litigation even after there has been a voluntary dismissal of a lawsuit. This authority stems from several sources. At the outset, Rule 41 expressly permits imposition of sanctions, and provides that: (d) Costs of a Previously Dismissed Action. If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court: (1) may order the plaintiff to pay all or part of the costs of that previous action. 7 While the defendants may clarify any misunderstanding on our part, we do not construe these sanctions requests as implicating local counsel, whose ethically sound decision to withdraw from this case seems to have been the event which triggered the implosion of this litigation. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 14 of 33
15 Fed. R. Civ. P. 41(d). Further, it is well-settled that, after a voluntary dismissal under Rule 41(a)(1)(A)(i), a court may still impose sanctions under Federal Rule of Civil Procedure 11. Nelson v. Napolitano, 657 F.3d 586, 588 (7th Cir. 2011) (citing Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395-96, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990)). Therefore, “[e]ven though the Rule 41(a)(1)(A) dismissal has the effect of making it as if the action never existed, this Court has the authority and jurisdiction to enter contempt or Rule 11 sanctions or attorneys' fees despite the Rule 41(a)(1)(A) dismissal.” ecoNugenics, Inc. v. Bioenergy Life Sci., Inc., 381 F. Supp. 3d 1082, 1089 (D. Minn. 2019), aff'd, No. 19-CV-351 (JNE/DTS), 2019 WL 10982132 (D. Minn. June 21, 2019). Likewise: [W]e have an affirmative responsibility to ensure that the courts do not become encumbered with repeated, random, meritless matters filed litigants who are unable or unwilling to comply with the requirements prescribed by the law. In such instances, provided that the litigant is given prior notice and an opportunity to be heard, it is well settled that the court possesses the inherent authority to limit a frivolous filer's opportunities to burden the legal system with meritless filings, by requiring a frivolous filer to obtain the prior approval of the court before lodging any new complaints relating to the same subject matter of past frivolous litigation. See e.g., Chipps v. U.S.D.C. for the M.D. of Pa., 882 F.2d 72, 73 (3d Cir. 1989); Gagliardi v. McWilliams, 834 F.2d 81 (3d Cir. 1987); In re Oliver, 682 F.2d 443 (3d Cir. 1982). Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 15 of 33
16 Walsh v. U.S. House of Representatives, No. 3:17-CV-486, 2017 WL 9532989, at *3 (M.D. Pa. Apr. 27, 2017), report and recommendation adopted, No. CV 3:17- 0486, 2017 WL 2544834 (M.D. Pa. June 13, 2017). Since this Court is permitted, and often obliged, to consider post-judgment sanctions litigation following the voluntary dismissal of a meritless lawsuit, should the district court dismiss this case, we recommend that these sanctions issues be referred to the undersigned for further litigation. III. Recommendation Accordingly, for the foregoing reasons, IT IS RECOMMENDED as follows: First, Feinberg should be GRANTED leave to voluntarily dismiss this case. Second, except for the claims of the Feinberg children, which should be dismissed without prejudice, since “the plaintiff previously dismissed a[] federal- or state-court action based on or including the same claim,” this “notice of dismissal [should] operate[] as an adjudication on the merits” of all her individual claims. Fed. R. Civ. P. 41(a)(1)(B). Third, the defendants’ motions to dismiss, (Docs. 35, 40, 41, 42, 45, 58), should be deemed moot. Fourth, upon the dismissal of this case, the defendants’ motions and requests for sanctions, (Docs. 36, 58, 79, 84, 85), should be referred to the undersigned for resolution. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 16 of 33
17 The parties are further placed on notice that pursuant to Local Rule 72.3: Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions. Submitted this 9 th day of December 2025. S/Martin C. Carlson Martin C. Carlson United States Magistrate Judge Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 17 of 33
18 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HADASSAH FEINBERG, et al., : CIV. NO. 1:25-CV-768 : Plaintiffs, : (Judge Saporito) : v. : (Magistrate Judge Carlson) : DAUPHIN COUNTY CHILDREN : AND YOUTH, et al., : : Defendants. : ADDENDUM TO REPORT AND RECOMMENDATION I. Introduction This addendum addresses the parallels between the legal claims advanced by the plaintiff in this case and in Feinberg v. Smith, 1:23-CV-2165 (Doc. 146), noting that, as Judge Schwab found in Feinberg v. Smith, supra, the instant complaint is legally flawed in at least the following six ways. II. Discussion 1. Rule 4 Calls for the Dismissal of Defendants Kenneth Keller, Paige Kulsa, and Marcie Smith. At the outset, upon review of the docket in this case, it appears three of the defendants, Kenneth Keller, Paige Kulsa, and Marcie Smith, have not responded to the plaintiff’s complaint, nor is there evidence that the complaint was properly Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 18 of 33
19 served upon these defendants in the form of a return or waiver of service. Rule 4 of the Federal Rules of Civil Procedure prescribes the method by which service can be made and describes how a party must demonstrate proof of service on the record. See Fed. R. Civ. P. 4(a)-(l). Rule 4 also sets time limits for service and prescribes the sanction of dismissal for the failure to make proper and timely service, stating as follows: (m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). The language of Rule 4(m) is both clear and mandatory. Where there is an unjustified and unexcused failure to timely serve a complaint, the court “must dismiss the action.” As a general rule, “the party asserting the validity of service bears the burden of proof on that issue.” Grand Entertainment Group, Ltd. v. Star Media Sales, Inc., 988 F.2d 476, 488 (3d Cir. 1993) (citing 4A Charles A. Wright and Arthur R. Miller, Federal Practice and Procedure § 1083 (1987)). When the plaintiff fails to carry this burden of proof on the issue of proper and timely service, consistent with Rule 4(m)’s mandate that the “court—on motion or on its own after notice to the plaintiff—must dismiss the action,” dismissal of the case is entirely Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 19 of 33
20 appropriate. Indeed, when a plaintiff does not show good cause for a failure to serve, Beckerman v. Susquehanna Township Police, 254 F. App’x 149, 154 (3d Cir. 2007), or fails to make service, despite warnings and requests by the court to address service issues, Foster v. Pennsylvania Human Relations Comm’n, 157 F. App’x 488, 490 (3d Cir. 2005), the courts have frequently dismissed actions for failure to make service. These principles control here and would ordinarily call for dismissal of this action with respect to Defendants Keller, Kulsa, and Smith for failure to make timely and proper service. In this case, the plaintiff has provided no proof of proper service on these defendants nearly seven months after this action commenced. Moreover, during the intervening months Feinberg has not sought a further extension of time in which to make service on Defendants Keller, Kulsa, and Smith. Given this cascading array of failures, dismissal is appropriate here. Beckerman, 254 F. App’x at 154 (affirming dismissal for failure to serve two days after service deadline elapsed where no good cause shown). 8 8 In our view, Feinberg’s claims against these defendants—which mirror those lodged against the other defendants—also fail on their merits for multiple reasons. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 20 of 33
21 2. Dauphin County, Dauphin County Children and Youth Services, and the Pennsylvania Department of Human Services Are Immune From These Claims. The plaintiff advances claims against several government municipalities and agencies, Dauphin County, Dauphin County Children and Youth Services, the Pennsylvania Department of Human Services. These claims are barred by the Eleventh Amendment to the United States Constitution which provides that, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another state, or by Citizens or Subjects of any Foreign State.” U.S. Const., amend. XI. Although the text of the Amendment seems only to restrict the Article III diversity jurisdiction of federal courts, the United States Supreme Court has explained that it has “understood the Eleventh Amendment to stand not so much for what it says, but for the presupposition . . . which it confirms.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 54 (1996) (quoting Blatchford v. Native Village of Noatak, 501 U.S. 775, 779 (1991) ). What that “presupposition” means is two-fold: “first, that each State is a sovereign entity in our federal system; and second, that [i]t is inherent in the nature of sovereignty not to be amendable to the suit of an individual without its consent.” Id. (quoting Hans v. Louisiana, 134 U.S. 1, 13 (1890)) (internal quotations omitted). Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 21 of 33
22 Pennsylvania has not consented to be sued in federal court. See 42 Pa. Cons. Stat. Ann. § 8521(b) (“Nothing contained in this subchapter shall be construed to waive the immunity of the Commonwealth from suit in Federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.”); see also 1 Pa. Cons. Stat. Ann. § 2310 (under Pennsylvania law, the Commonwealth enjoys sovereign immunity unless the General Assembly “specifically waives sovereign immunity.”); Pa. Const. art. I, § 11 (providing that the Commonwealth may be sued only “in such manner, in such courts and in such cases as the Legislature may by law direct.”). Although the Commonwealth has expressly waived its sovereign immunity from suit in state court in nine specific areas, it has not waived its immunity from being sued in federal court for any reason. See 42 Pa. Cons. Stat. Ann. § 8521(b); Chittister v. Dep't of Community and Economic Development, 226 F.3d 223, 227 (3d Cir. 2000) (noting that the Commonwealth “has waived immunity only for certain specified tort claims in suits for damages in state court,” while at the same time has emphasized that nothing in the waiver statute shall be construed to waive immunity from suit in Federal courts). Accordingly, the Third Circuit Court of Appeals has long made clear that Pennsylvania has not consented to be sued in federal court. See id.; Wheeling & Lake Erie Ry. v. Public Util. Comm'n, 141 F.3d 88, 91 (3d Cir. 1998); Laskaris v. Thornburgh, 661 F.2d 23, 25 (3d Cir. 1981). Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 22 of 33
23 In this case, Dauphin County, through its agency Dauphin County CYS, is an arm of the Commonwealth of Pennsylvania, and the Third Circuit Court of Appeals has held that “Pennsylvania's domestic relations agencies, such as Children and Youth Services, are defined by statute as arms of the state courts and institutions of state government,” and thus subject to immunity under the Eleventh Amendment. Wattie-Bey v. Attorney General's Office, 424 F. App'x 95, 98 and n.2 (3d Cir. 2011); see also Walters v. Washington County, No. 06-1355, 2009 WL 7936639 (W.D. Pa. Mar. 22, 2009); Van Tassel v. Lawrence County Domestic Relations Section, No. 09-266, 2009 WL 3052411 (W.D. Pa. Sept. 22, 2009). Moreover, as a state agency, the DHS is also subject to Eleventh Amendment immunity. Buckner v. Child. in Youth Servs., No. CV 3:24-1094, 2025 WL 565831, at *4 (M.D. Pa. Feb. 20, 2025). 3. Defendants Milton Hershey Medical Center, Kathryn Crowell, Ryan Spotts, and Marcie Smith, and Mark Scarigni Are Not Proper Parties Under § 1983. In addition, Feinberg attempts to sue a number of private entities, including the medical defendants, her former attorney, and the mother of the Smith children, Marcie Smith, under a federal civil rights statute, 42 U.S.C. § 1983. However, as to these putative defendants, Feinberg’s complaint fails as a matter of law because the plaintiff has fundamentally misunderstood the reach of this civil rights statute. Simply put, Feinberg may not bring claims against private entities as civil rights violations pursuant to 42 U.S.C. § 1983. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 23 of 33
24 In this regard, it is well established that § 1983 does not by its own force create new and independent legal rights to damages in civil rights actions. Rather, § 1983 simply serves as a vehicle for private parties to bring civil actions to vindicate violations of separate, and pre-existing, legal rights otherwise guaranteed under the Constitution and laws of the United States. Albright v. Oliver, 510 U.S. 266, 271 (1994); Graham v. Connor, 490 U.S. 386, 393–94 (1989). Therefore, any analysis of the legal sufficiency of a cause of action under § 1983 must begin with an assessment of the validity of the underlying constitutional and statutory claims advanced by the plaintiff. On this score, it is also well settled that: Section 1983 provides a remedy for deprivations of federally protected rights caused by persons acting under color of state law. The two essential elements of a § 1983 action are: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of a federally protected right. Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). Boykin v. Bloomsburg University of Pennsylvania, 893 F.Supp. 409, 416 (M.D. Pa. 1995), aff'd, 91 F.3d 122 (3d Cir. 1996) (emphasis added). Thus, it is essential to any civil rights claim brought under § 1983 that the plaintiff allege and prove that the defendant was acting under color of law when that defendant allegedly violated the plaintiff's rights. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 24 of 33
25 To the extent that a complaint seeks to hold private parties liable for alleged civil rights violations, it fails to state a valid cause of action under 42 U.S.C. § 1983 since the statute typically requires a showing that the defendants are state actors. Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49–50, (1999). In this regard, it has been held that private individuals, hospitals, medical professionals, and attorneys are not state actors for purposes of § 1983.9 See Cassell v. City of Philadelphia, 350 F. App'x 611, 613–14 (3d Cir. 2009); Carver v. Plyer, 115 F. App'x 532, 537 (3d Cir. 2004). This basic principle applies here and ordinarily would compel dismissal of Feinberg’s § 1983 claims against the private entities named in this complaint since their actions are simply beyond the reach of this particular federal civil rights statute. 4. The Child Welfare and Law Enforcement Defendants Are Entitled To Immunity. 9 Moreover, any claim the plaintiff may have that the non-state actors joint participation in the alleged constitutional violations converts them into state actors for the purposes of this action, she simply has not alleged with sufficient particularity any facts which demonstrate the medical professionals, attorney, or private individual in this case had any contact with any CYS official with regard to her complaints. On the contrary, as to these defendants, the plaintiff alleges only her belief that they were in contact with CYS about her case, conclusory allegations which are not entitled to the assumption of truth. Iqbal, 129 S.Ct. at 1951. See also, McCain v. Episcopal Hosp., 350 F. App'x 602, 605 (3d Cir. 2009) (Other than [the plaintiff’s] bare assertion, there is nothing in the complaint to suggest that either defendant was acting under color of state law). Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 25 of 33
26 Moreover, to the extent that Feinberg wishes to hold individual CYS, OCYF, and law enforcement officials liable for their part in the emergency removal of her children from her custody, these officials are entitled to broad immunity in such proceedings. At the outset, with regard to the child welfare defendants from Dauphin County CYS and Pennsylvania OCYF, federal and Pennsylvania state law provide broad protection and immunities to child welfare workers, particularly in child abuse investigations and dependency proceedings. In fact, the Third Circuit has joined a cascade of other circuits in holding that the duties performed by child welfare workers in dependency proceedings are so closely analogous to those performed by prosecutors that they too are entitled to absolute immunity from liability. As the Third Circuit explained: CYS defendants are entitled to absolute immunity for their actions on behalf of the state in preparing for, initiating, and prosecuting dependency proceedings. Their immunity is broad enough to include the formulation and presentation of recommendations to the court in the course of such proceedings. We reach this conclusion because (1) the functions performed by the CYS defendants in dependency proceedings are closely analogous to the functions performed by prosecutors in criminal proceedings; (2) the public policy considerations that countenance immunity for prosecutors are applicable to child welfare workers performing these functions; and (3) dependency proceedings incorporate important safeguards that protect citizens from unconstitutional actions by child welfare workers. Ernst v. Child & Youth Servs. of Chester Cnty., 108 F.3d 486, 495 (3d Cir. 1997) (citing Milspaugh v. County Dep’t of Pub. Welfare of Wabash County, 937 F.2d Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 26 of 33
27 1172, 1176 (7 th Cir. 1991); Vosburg v. Department of Soc. Servs., 884 F.2d 133, 135 (4 th Cir. 1989); Salyer v. Patrick, 874 F. 2d 374, 378 (6 th Cir. 1989); Meyers v. Contra Costa County Dept’ of Soc. Servs., 812 F.2d 1154, 1156 (9 th Cir. 1987)). This broad immunity applies equally to officials from Pennsylvania OCYF. See Peterson v. Allegheny County, No. 2:21-CV-00078-CCW, 2022 WL 280948, at * 16 (W.D. Pa. Jan 31, 2022) (citing B.S. v. Somerset Cnty., 704 F.3d 250 (3d Cir. 2013)). Further, although the Third Circuit has applied absolute immunity to child welfare workers only so far as their involvement in dependency proceedings, state actors in their official capacity are also entitled to qualified immunity in certain circumstances. Thus, the doctrine of qualified immunity shields these individual defendants to the extent Feinberg argues the allegedly unconstitutional acts of the individual CYS and OCYF defendants were committed outside the confines of their dependency proceedings duties and tries to hold the individual law enforcement defendants liable for their part in the custody determination. On this score, the doctrine of qualified immunity shields governmental officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v. Luna, 577 U.S. 7, 11 (2015). The qualified immunity inquiry has two parts. The first asks whether the plaintiff has alleged sufficient facts to “make out a violation of a constitutional right.” Pearson v. Callahan, 555 U.S. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 27 of 33
28 223, 232 (2009). The second question is “whether the right at issue was clearly established at the time of [the] defendant's alleged misconduct.” Id. (internal quotation marks omitted). A court may “exercise [its] sound discretion in deciding which of the two prongs of the qualified immunity analysis” to address first “in light of the circumstances of the particular case at hand.” Pearson, 555 U.S. at 236, 129 S.Ct. 808. Here, the plaintiff has not alleged sufficient facts to make out a violation of any constitutional right. In fact, Feinberg’s claims that the defendants violated her constitutional rights are belied by the official state court records confirming that a verbal order for emergency protective custody authorized the removal of her children from her home. (Doc. 35-1). The written confirmation of the verbal order confirms that the court concluded that for the children “to remain in the home of the mother would be contrary to [their] welfare, health and safety and best interests.” (Id.) On this factual finding, the Dauphin County Court of Common Pleas issued a verbal order on November 2nd, 2023, granting an order of protective custody and authorizing CYS and/or any duly authorized law enforcement officer to take the children into custody. (Id.) Given this factual backdrop, in Fourth Amendment cases involving the removal of a child from a parent’s custody, courts in this circuit have “analogized the situation of a childcare worker who seeks, obtains and executes a temporary Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 28 of 33
29 custody order to a police officer seeking, obtaining and executing an arrest warrant.” Studli v. Child. & Youth And Fams. Cent. Reg'l Off., 346 F. App'x 804, 809–10 (3d Cir. 2009) (quoting Callahan v. Lancaster–Lebanon Intermediate Unit 13, 880 F.Supp. 319, 334 (E.D.Pa.1994)) (internal quotations removed). Thus, the Third Circuit has confirmed: “[It] is well-settled that probable cause to arrest generally exists when a police officer makes an arrest pursuant to a warrant that meets the requirements of the Fourth Amendment.” The only exception is where “the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable.” It is only when this exception applies that the “shield of immunity” would be lifted. Id. (quoting Callahan, 880 F.Supp. at 334). Here, the written confirmation of the verbal order indicates the CYS officials were acting on a verbal order of the court. Thus, absent any claims of fraud or false statements on the part of those seeking the protective order, which the plaintiff does not allege, CYS cannot be liable for conduct ordered by the court. See Studli, 346 F. App'x at 810. Her First Amendment retaliation claims falter of the same legal obstacle. Broadly construed, Feinberg alleges that the defendants violated her First Amendment rights by retaliating against her for attempting to report CYS to public officials for their failure to intervene in the alleged abuse of the Smith children. But, as the Supreme Court has confirmed, absent a showing on behalf of the plaintiff that no probable cause existed, a retaliation claim necessarily fails. Nieves v. Bartlett, Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 29 of 33
30 587 U.S. 391, 404, 139 S. Ct. 1715, 1725, 204 L. Ed. 2d 1 (2019). Thus, since the defendants were acting on a verbal order from the court, which was later confirmed by a written order and adjudicated by the court, Feinberg’s constitutional claims fail, and the defendants are entitled to qualified immunity.10 5. The Plaintiff Has Not Alleged a Conspiracy with Sufficient Particularity to State a Claim. Finally, Feinberg’s federal claims against all defendants11 hinge upon her allegations that each of the thirty-one defendants named in this case engaged in a conspiracy to retaliate against her for reporting child abuse in violation of her First Amendment rights. But, while we do not doubt the plaintiff’s belief that these separate and widespread entities including local government officials, healthcare workers, and even her own personal attorney were working in concert to violate her 10 The court order and accompanying process afforded to the plaintiff also defeats any underlying substantive due process claim, since, in cases involving the violation of the familial right to privacy, courts again focus on a similar standard to probable cause. Thus, “[o]ur focus . . . is whether the information available to the defendants at the time would have created an objectively reasonable suspicion of abuse justifying the degree of interference with the [plaintiff’s] rights as [a] parent.” Croft v. Westmoreland Cnty. Child. & Youth Servs., 103 F.3d 1123, 1126 (3d Cir. 1997). Based on the petition presented by CYS, the court concluded that removal of the children was in the best interest of the children. This is enough to satisfy the reasonable suspicion benchmark, especially when coupled with the fact that Feinberg did receive the procedures due to her in the child abuse investigation. 11 The plaintiff seemingly only alleges wrongdoing on the STSD defendants as parties to this ongoing conspiracy. Since these claims fail, these parties should be dismissed. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 30 of 33
31 rights, she has not stated any tangible facts which tie these defendants together. Instead, her complaint alleges only conclusory statements supporting her own beliefs with regard the alleged conspiracy. This falls far short of the standard to plead a civil conspiracy claim. On this score, “[t]o prevail on a § 1983 conspiracy claim, Plaintiff must allege that Defendants, acting under color of state law, conspired to deprive her of a federally protected right. To succeed on this claim, Plaintiff must allege both an underlying civil rights violation and a conspiracy involving state action.” Sershen v. Cholish, 2007 WL 3146357, at *16, 2007 U.S. Dist. LEXIS 79627, at *49-50 (M.D. Pa. 2007) (citing Ridgewood Bd. of Educ. v. N.E. ex rel. M.E., 172 F.3d 238, 254 (3d. Cir. 1999)). In addition: [T]o maintain a civil conspiracy claim, “[b]are conclusory allegations of ‘conspiracy’ or ‘concerted action’ will not suffice to allege a conspiracy. The plaintiff must expressly allege an agreement or make averments of communication, consultation, cooperation, or command from which such an agreement can be inferred.” Flanagan v. Shively, 783 F. Supp. 922, 928 (M.D. Pa. 1992). The plaintiff's allegations “must be supported by facts bearing out the existence of the conspiracy and indicating its broad objectives and the role each Defendant allegedly played in carrying out those objectives.” Id. A plaintiff cannot rely on subjective suspicions and unsupported speculation. Young v. Kann, 926 F.2d 1396, 1405 n.16 (3d Cir. 1991). Moreover, “to successfully counter a motion for summary judgment, a plaintiff must provide specific evidence establishing that defendants agreed among themselves to act against him either unlawfully or for an unlawful Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 31 of 33
32 purpose.” Payne v. Gordon, 3:17-cv-1230, 2018 U.S. Dist. LEXIS 129427, 2018 WL 3649026, at *11 (M.D. Pa. Aug. 1, 2018). Abreu v. Ferguson, 2020 WL 1271637, at *8, 2020 U.S. Dist. LEXIS 45714, at *21- 22 (M.D. Pa. 2020). Thus, the standards to maintain a conspiracy claim under state or federal law are exacting. Feinberg simply has not met these exacting standards required to set forth a successful civil conspiracy claim. At the outset her constitutional claims appear to be without merit and more fundamentally: [T]o the extent Plaintiffs’ conspiracy claims are premised on coordination between certain groups of Defendants—i.e., OCYF, AFA, and TRAC—to present biased or prejudicial recommendations to the Family Court in the course of the dependency proceeding, such claims fail because the alleged deprivations (e.g., interference in the family unit) were ultimately the result of orders issued by the Family Court, and Plaintiffs do not anywhere claim that the Family Court participated in any alleged conspiracy against them. See Khalil, 594 F. App'x at 90–91. Peterson v. Allegheny Cnty., No. 2:21-CV-00078-CCW, 2022 WL 280948, at *15 (W.D. Pa. Jan. 31, 2022) (citing Khalil v. New Jersey Div. of Child Prot. & Permanency, 594 F. App’x 88, 90-91 (3d Cir. 2015)). Indeed, Feinberg’s broad conclusory allegations that the thirty-one defendants spanning different agencies and industries conspired in the removal of her children from her custody, removal which was ordered by the state court which she has not alleged was involved in the conspiracy, simply fall short of the exacting standards which govern conspiracy claims. Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 32 of 33
33 6. This Court Should Decline Jurisdiction Over Any Remaining State Law Tort Claims. Finally, the plaintiff has also pursued a number of pendant state law tort claims against the defendants. However, in a case such as this, where the jurisdiction of the federal court was premised on an alleged federal claim which fails as a matter of law, the proper course generally is for the court to decline to exercise supplemental jurisdiction over the plaintiff’s state law claims. 28 U.S.C. § 1367(c)(3) (“The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if-... the district court has dismissed all claims over which it has original jurisdiction.”); United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966) (holding that when federal causes of action are dismissed, federal courts should not separately entertain pendent state claims). Case 1:25-cv-00768-JFS Document 90 Filed 12/09/25 Page 33 of 33
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