Van Dyke v. Illinois Department of Children and Family Services et al
Filing
75
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 5/22/14.Mailed notice(ca, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHRISTEL VAN DYKE,
)
)
Plaintiff,
)
)
v.
)
)
ILLINOIS DEPARTMENT OF
)
CHILDREN AND FAMILY SERVICES, )
RICHARD H. CALICA, DCFS Director, )
DAWN BARNES, DCFS Investigator,
)
LUTHERAN SOCIAL SERVICES
)
ILLINOIS (LSSI), LSSI employees
)
LINDA FULTZ, RENEE STEWART,
)
MELISSA JOHNSON,
)
)
Defendants.
)
13 C 5971
Judge John Z. Lee
MEMORANDUM OPINION AND ORDER
The Illinois Department of Children and Family Services (“DCFS”) removed K.C., a
four-year-old child, from the residence of Plaintiff Christel Van Dyke, who is K.C.’s maternal
grandmother and former foster parent, based upon allegations of abuse.
Consequently, Van
Dyke brought this action against DCFS, the DCFS Director, 1 Lutheran Social Services of Illinois
(“LSSI”), and LSSI employees Linda Fultz (“Fultz”), Renee Stewart (“Stewart”), and Melissa
Johnson (“Johnson”) (collectively “Defendants”), claiming that the allegations were unfounded.
In doing so, Plaintiff contends that all Defendants violated her substantive due process rights and
Defendants Fultz, Stewart, and Johnson, in particular, violated her Fourth Amendment rights to
be free from unreasonable search and seizure.
Plaintiff also brought a supplemental state-law
claim pursuant to the Illinois Administrative Review Law, 735 Ill. Comp. Stat. 5/3-101 et seq.,
1
DCFS replaced its Director several times since Plaintiff filed suit. For the purpose of this Memorandum
Opinion and Order, the DCFS Director will be referred to by title only.
seeking this Court’s review of a final DCFS administrative action denying her request to return
K.C. to her home.
In addition, Plaintiff filed a motion for a temporary restraining order and
preliminary injunction ordering Defendants to return K.C. to her home.
In her reply, Plaintiff
also asks this Court to appoint a special master to investigate K.C.’s well-being.
For their part, Defendants have moved to dismiss Plaintiff’s Second Amended Complaint
pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6).
Defendants also
oppose Plaintiff’s motion for a temporary restraining order and preliminary injunction.
For the reasons stated herein, the Court grants Defendants’ motion to dismiss Plaintiff’s
substantive due process claim, unreasonable seizure claim, and claim for administrative review.
The Court denies Defendants’ motion to dismiss Plaintiff’s unreasonable search claim.
The
Court also denies Plaintiff’s motion for a temporary restraining order, preliminary injunction, and
appointment of a special master.
Factual Background 2
Van Dyke is the maternal grandmother of K.C., a minor who was three years old at the
time of the events in question.
(2d. Am. Compl. ¶ 5.) Defendant DCFS temporarily placed
K.C. in Van Dyke’s care as a foster child in 2011. (Id. ¶ 6.) K.C. was adjudicated a neglected
minor in 2012, and the DCFS Guardianship Administrator was appointed guardianship of K.C.
(Defs.’ Mem. Supp. Mot. Dismiss, Ex. B, Op. Admin. Law Judge 4.)
2
The following facts are taken from Plaintiff’s Second Amended Complaint and are accepted as true for the
purpose of resolving the motion to dismiss. See Reger Dev., LLC v. Nat’l City Bank, 592 F.3d 759, 763 (7th Cir.
2010). The Court also refers to relevant juvenile court orders, an administrative law judge ruling, and other matters
of public record. The Court may refer to these documents in considering Defendants’ motion to dismiss. See
Henson v. CSC Credit Servs., 29 F.3d 280, 284 (7th Cir. 1994) (“The district court may also take judicial notice of
matters of public record without converting a 12(b)(6) motion into a motion for summary judgment” (quotation
omitted)).
2
K.C.’s biological father, R.C., was allowed to visit K.C. even though Van Dyke alleges
R.C. had been incarcerated for drug-related offenses.
(2d. Am. Compl. ¶ 13.) While K.C. was
under Van Dyke’s care, the juvenile court issued an order requiring her to permit with visitation
between R.C. and K.C., not speak ill or be critical of R.C. in front of K.C., and provide
documentation from a healthcare provider if an illness prevented K.C. from visiting R.C.
(Defs.’ Mem. Supp. Mot. Dismiss, Ex. D, Jan. 15, 2013 Winnebago Cnty. Order.) The juvenile
court also determined that the permanency goal for K.C. was to return home with his parents.
(Id., Ex. C, Jan. 15, 2013 Winnebago Cnty. Order Following Permanency Hearing.)
Van Dyke alleges that K.C. told her that he had been sexually abused during visits with
R.C.
(2d. Am. Compl. ¶ 13.) She also claims that her reports of sexual abuse to the DCFS
were ignored.
(Id. ¶¶ 15-16.)
Accordingly, Van Dyke petitioned the juvenile court to
intervene and suspend R.C.’s visitation rights pending an investigation.
(Id. ¶ 17.)
Subsequently, an administrative law judge (“ALJ”) found Van Dyke’s allegations of sexual abuse
to be without merit. (Defs.’ Mem. Supp. Mot. Dismiss, Ex. B, Op. Admin. Law Judge 6.)
In her complaint, Van Dyke further alleges that Johnson directed Fultz to remove K.C.
from her home in retaliation for her petition to the juvenile court.
(2d. Am. Comp. ¶ 18.)
According to Van Dyke, under the false pretense of conducting a wellness check, Fultz, a police
officer, and a DCFS employee gained access to Van Dyke’s home.
(Id.) Once inside her
home, Defendants conducted a search, made allegations of abuse against Van Dyke, took K.C.
without providing the legally required fourteen-days notice, and placed K.C. with other relatives.
(Id.) Van Dyke claims the allegations of abuse were based upon a paper cut and were later
unfounded.
(Id.)
3
After K.C. was removed from her home, Van Dyke was allowed limited visits with him.
(Id. ¶ 20.) During these visits, she observed and reported possible signs of physical abuse on
K.C., including cuts on his wrist, mosquito bites, blood clots under his finger nails, a dirty
appearance, weight loss, a depressed and reserved demeanor, and what appeared to be cigarette
burns on his body.
(Id. ¶ 21.)
On March 12, 2013, Van Dyke filed an emergency petition in the Winnebago County
Juvenile Court seeking an order to compel the DCFS to place K.C. back in her home.
(Defs.’
Mem. Supp. Mot. Dismiss, Ex. F, Emergency Pet. for Writ of Mandamus and for Hearing
Instanter.) After a hearing, the Winnebago County Juvenile Court denied her petition.
(Id., Ex.
G, Juvenile Division Order.)
Van Dyke then requested a Clinical Placement Review for K.C.
(Id., Ex. B, Op. Admin.
Law Judge 5.) It was determined that it remained in K.C.’s best interest not to be returned to
Van Dyke’s home.
(Id.) In response, Van Dyke filed an appeal, and the appeals hearing was
completed on June 24, 2013.
(Id.)
On July 11, 2013, the ALJ recommended denying Van Dyke’s appeal and found that she
was unwilling to cooperate with the DCFS and the juvenile court in furthering the goal of
returning K.C. to his biological parents.
(Id. 8.) The ALJ noted that Van Dyke’s allegations of
physical and sexual abuse against R.C. were “not believable or supported by any facts” and
“misguided, vitriolic attempts to impede [R.C.’s] service plan and the Juvenile Court’s
reunification goal.” (Id.) Six days later, the DCFS adopted the ALJ’s recommendation and
issued a final administrative decision denying Van Dyke’s appeal for the return of K.C. to her
home.
(Id. 11.) Van Dyke now brings substantive due process and Fourth Amendment claims
4
against Defendants.
As a supplemental state-law claim, she asks this Court to review and
overturn DCFS’ decision denying her appeal.
Van Dyke also seeks a temporary restraining
order and preliminary injunction to return K.C to her home.
Discussion
Defendants have moved to dismiss Plaintiff’s Second Amended Complaint pursuant to
Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6).
The purpose of a motion to
dismiss under either Rule 12(b)(1) or 12(b)(6) is to test the sufficiency of the complaint.
Christensen v. Cnty. of Boone, 483 F.3d 454, 457 (7th Cir. 2007); Gibson v. City of Chi., 910
F.2d 1510, 1520 (7th Cir. 1990).
Rule 12(b)(1) requires dismissal of claims over which the
federal court lacks the “statutory or constitutional power to adjudicate the case.” United States
v. Lawrence, 535 F.3d 631, 636 (7th Cir. 2008).
Rule 12(b)(6) requires dismissal of complaints that fail to state a claim upon which relief
can be granted.
Fed. R. Civ. P. 12(b)(6).
Under the federal notice pleading standards, “a
plaintiff’s complaint need only provide a short and plain statement of the claim showing that the
pleader is entitled to relief, sufficient to provide the defendant with fair notice of the claim and its
basis.”
Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008) (internal quotations
omitted); see also Fed. R. Civ. P. 8(a).
When considering a motion to dismiss under Rule
12(b)(6), the Court must “accept[] as true all well-pleaded facts alleged, and draw[] all possible
inferences in [the plaintiff’s] favor.” Id.
A complaint must also, however, allege “enough facts to state a claim to relief that is
plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007)).
For a claim to have facial plausibility, a plaintiff must
5
plead “factual content that allows the court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.
I.
Substantive Due Process Claim
Van Dyke’s first federal claim alleges that Defendants’ conduct against her, including
taking K.C. from her home, failing to investigate signs of abuse, and limiting her contact with
K.C., is a violation of her Fourteenth Amendment right to substantive due process.
(2d. Am.
Compl. ¶ 31.) Defendants argue that Plaintiff has no impairment of a substantive due process
interest as K.C.’s former foster parent.
The Court agrees and dismisses Plaintiff’s substantive
due process claim.
Section 1983 provides a federal cause of action for “the deprivation of any rights,
privileges, or immunities secured by the Constitution and [federal] laws.” 42 U.S.C. § 1983.
A Section 1983 action requires Van Dyke to prove that she has a liberty interest in her
relationship with K.C. that the state could not impair without due process.
Procopio v.
Johnson, 994 F.2d 325, 328 (7th Cir. 1993). “If [she] demonstrate[s] such an interest, [she]
then must show that the process accorded [her] was not constitutionally adequate.” Id.
Foster parents do not have constitutional rights to a continued relationship with a foster
child placed in their home. Smith v. Org. of Foster Families for Equality and Reform, 431 U.S.
816, 839 (1977); Procopio, 994 F.2d at 329.
“[T]he foster family’s existence is subject to the
state’s determination that it should continue, and Illinois law can create no expectancy of a
constitutionally protected liberty interest.” Procopio, 994 F.2d at 330.
Therefore, a foster
family relationship does not constitute “a liberty interest that states cannot disrupt without due
process.” Procopio, 994 F.2d at 328; see Johnson v. Burnett, 182 Ill. App. 3d 574, 582 (Ill.
6
App. Ct. 1989) (noting that “since Illinois law does not create an expectation of a continued
relationship, foster parents have no constitutionally protected liberty interest in the continued
custody of their charges”).
Because neither Illinois law nor federal law creates a liberty interest
in the foster parent relationship, Van Dyke has no impairment of a substantive due process
interest.
In response, Van Dyke cites Xiong v. Wagner, 700 F.3d 282, 291 (7th Cir. 2012), for the
proposition that as K.C.’s grandmother, she possesses a liberty interest in a close familial
relationship with her grandson. 3
Xiong, however, discussed the right to familial integrity in a
lawsuit brought by a boy’s mother and stepfather.
Id. at 286.
Although it may be true that
parents have a liberty interest “in the care, custody, and control of their children,” Troxel v.
Granville, 530 U.S. 57, 65 (2000), as a foster parent and a grandparent without permanent
custody rights, Van Dyke does not share the same relationship with K.C. as the parent-child
relationship in Xiong.
In Ellis v. Hamilton, the Seventh Circuit noted that there is an “absence of compelling
authority for holding that grandparents, whether natural or adoptive, ever have a liberty interest
under the due process clause” in associating with their grandchildren.
Cir. 1982).
669 F.2d 510, 513 (7th
The plaintiff in Ellis was the adoptive grandmother of two children and brought a
Section 1983 due process claim against welfare and judicial officers for the removal of the
children from her home. Id. at 511.
Because the plaintiff was not only the children’s adoptive
grandmother, but also their natural great-aunt, de facto mother and father, and alleged legal
3
In her Opposition, Plaintiff alleges for the first time a procedural due process claim. Because Plaintiff did
not allege a procedural due process violation in her Second Amended Complaint, the Court need not address this
argument. See Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1107 (7th Cir. 1984) (noting “it is axiomatic
that the complaint may not be amended by the briefs in opposition to a motion to dismiss”).
7
custodian, the court was “reluctant to conclude . . . [that she did] not have a liberty interest
sufficiently like that of a parent[.]” Id. at 511, 513-14.
Accordingly, based on the facts of that
case, the court found that the plaintiff might have a liberty interest in the association with her
adoptive grandchildren and then went on to hold that she was not denied due process.
514.
Id. at
Unlike the plaintiff in Ellis, however, Van Dyke did not have legal custody of K.C. or
even an expectation to continue to care for K.C.
When K.C. was removed from Van Dyke’s
home, he was under the guardianship of the DCFS.
Furthermore, the juvenile court had
determined that the permanency goal for K.C. was to return home with his parents rather than
remain with Van Dyke.
Although Van Dyke is K.C.’s grandmother, her status as K.C.’s
temporary caregiver does not give rise to the same relationship between a parent and child or a
permanent custodian as was the case in Ellis.
Because Van Dyke has failed to demonstrate that she possesses a liberty interest in her
relationship with K.C., this claim is dismissed.
II.
Fourth Amendment Unreasonable Search and Seizure Claim
Van Dyke’s next federal claim alleges that Barnes and Fultz, under the direction of
Johnson, violated her Fourth Amendment rights by entering her home under false pretenses and
conducting an unreasonable search and seizure.
In response, Defendants assert that social
workers performing discretionary functions are entitled to qualified immunity from suits under
Section 1983 and that Plaintiff does not state a claim for violation of her Fourth Amendment
rights.
The Court denies Defendants’ motion to dismiss her unreasonable search claim but
grants their motion to dismiss her unreasonable seizure claim.
8
The Fourth Amendment protects against unreasonable searches and seizures.
U.S.
Const. amend. IV (“The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizure, shall not be violated.”).
Van Dyke alleges
that Barnes and Fultz violated her Fourth Amendment rights by entering her home under “false
pretenses and conduct[ing] the illegal, harassing, and threatening search of her property and
abduct[ing] her grandson.” (2d. Am. Compl. ¶ 34.) Although consent may provide the basis
for a valid search, “[t]he standard for measuring the scope of a [plaintiff’s] consent under the
Fourth Amendment is that of ‘objective’ reasonableness--what would the typical reasonable
person have understood by the exchange[.]” Florida v. Jimeno, 500 U.S. 248, 251 (1991)
(internal citations omitted).
Accepting Van Dyke’s allegations as true, Johnson directed Fultz to remove K.C. from
her home in retaliation for reporting K.C.’s possible sexual abuse to the DCFS.
(2d. Am.
Compl. ¶ 18.) In carrying out Johnson’s directives, Barnes and Fultz used the “false pretense of
conducting a wellness check” to gain access to Van Dyke’s home.
(Id.) Once inside, rather
than conduct a wellness check, Barnes and Fultz searched her home and presented allegations of
abuse.
(Id.) Because Barnes and Fultz allegedly used false pretenses to gain access to Van
Dyke’s home, a reasonable person may not have consented to the search had she known that
Defendants did not intend to conduct the wellness check.
Thus, Van Dyke has alleged a valid
Fourth Amendment claim for an unreasonable search.
The Court also declines to dismiss the unreasonable search claim based on qualified
immunity.
See Alvarado v. Litscher, 267 F.3d 648, 651 (7th Cir. 2001) (“[A] complaint is
generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.”).
9
“Because an
immunity defense usually depends on the facts of the case,” and because plaintiffs are “not
required initially to plead factual allegations that anticipate and overcome a defense
of qualified immunity,”
dismissal
at
the
pleading
stage
is
typically
inappropriate.
Id. (quoting Jacobs v. City of Chi., 215 F.3d 758, 765 n.3 (7th Cir.2000)).
“Qualified immunity can be grounds for a Rule 12(b)(6) dismissal when the allegations of
the complaint, taken as true, fail to allege the violation of a clearly established right.” McGreal
v. AT & T Corp., 892 F. Supp. 2d 996, 1011 (N.D. Ill. 2012) (citing Landstrom v. Ill. Dep’t of
Children & Family Servs., 892 F.2d 679, 675 (7th Cir. 1990)).
“The Supreme Court has set out
a two-pronged inquiry to guide courts in resolving this issue: (1) determining whether the facts
alleged make out a constitutional violation; and (2) determining whether the constitutional
standards were clearly established at the time of the alleged misconduct.” Id. (citing Pearson v.
Callahan, 555 U.S. 223, 232-42 (2009)).
Here, Van Dyke has properly alleged an unreasonable search claim based on Defendants’
use of false pretenses to gain access to her home and conduct a search, and the Fourth
Amendment clearly establishes Van Dyke’s right to be free from an unreasonable search.
Because Van Dyke has alleged a constitutional violation and her constitutional rights were
clearly established at the time of the alleged misconduct, granting Defendants qualified immunity
is improper at this time.
The Court therefore denies Defendants’ motion to dismiss Van Dyke’s
unreasonable search claim.
Although Van Dyke’s unreasonable search claim survives, her unreasonable seizure claim
must be dismissed.
While she claims Defendants “seiz[ed] and abduct[ed] her grandson,” Van
Dyke brings this lawsuit on her own behalf and makes no allegations that she herself was seized
10
by Defendants.
See United States v. Jerez, 108 F.3d 684, 689 (7th Cir. 1997) (“a ‘seizure’ of
the person occurs only if a reasonable person in similar circumstances would not have felt ‘free
to leave’”).
Instead, Van Dyke alleges Defendants entered her home under false pretenses,
searched her home, and removed K.C. from her care.
Nowhere does Van Dyke allege any facts
that would suggest she did not feel free to leave the encounter with the Defendants in her home.
Because Van Dyke does not allege that she was seized, the Court dismisses her claim for
unreasonable seizure under the Fourth Amendment.
III.
Administrative Review pursuant to 735 Illinois Compiled Statute 5/3-101
A.
The Rooker-Feldman Doctrine
Plaintiff asks this Court to exercise its supplemental jurisdiction to review and overturn
the final administrative decision issued by the DCFS.
She claims that the DCFS decision,
which denied her appeal for the return of K.C. to her home, was “clearly erroneous and against
the manifest weight of the evidence.” (2d. Am. Compl. ¶¶ 26-27.) As a threshold matter,
Defendants contend that the Rooker-Feldman doctrine bars this Court from reviewing the
judgment of a state court in civil litigation.
Because Plaintiff seeks review of a separate
administrative proceeding rather than the juvenile court judgment, the Court concludes that the
Rooker-Feldman doctrine does not bar this Court from reviewing the DCFS decision.
The Rooker-Feldman doctrine, articulated by the Supreme Court in Rooker v. Fidelity
Trust Company., 263 U.S. 413, 415-16 (1923), and District of Columbia Court of Appeals v.
Feldman, 460 U.S. 462, 482 (1983), is a jurisdictional rule mandating that “[o]nly the Supreme
Court of the United States may review the judgment of a state court in civil litigation.”
Freedom Mortg. Corp. v. Burnham Mortg., Inc., 569 F.3d 667, 670 (7th Cir. 2009).
11
Under the
Rooker-Feldman doctrine, federal district courts lack jurisdiction over lawsuits “brought by
state-court losers complaining of injuries caused by state-court judgments rendered before the
district court proceedings commenced and inviting district court review and rejection of those
judgments.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005).
The
doctrine, therefore, “precludes lower federal court jurisdiction over claims seeking review of
state court judgments.” Taylor v. Fed. Nat’l Mortg. Ass’n, 374 F.3d 529, 532 (7th Cir. 2004)
(internal quotations omitted). District court review of state administrative decisions, however,
is not barred by the Rooker-Feldman doctrine.
See Van Harken v. City of Chi., 103 F.3d 1346,
1348-49 (7th Cir. 1997).
The Rooker-Feldman doctrine also deprives lower federal courts of jurisdiction if the
claims made in federal court are “inextricably intertwined” with the state-court judgment.
Brokaw v. Weaver, 305 F.3d 660, 664 (7th Cir. 2002).
Determining whether a claim is
“inextricably intertwined” with a state-court judgment “hinges on whether the federal claim
alleges that the injury was caused by the state court judgment, or, alternatively, whether the
federal claim alleges an independent prior injury that the state court failed to remedy.” Taylor,
374 F.3d at 533.
A claim that is inextricably intertwined with a state-court judgment “call[s]
upon the district court to review the state court decision and [is] thus beyond the district court’s
jurisdiction.” Edwards v. Ill. Bd. of Admissions to Bar, 261 F.3d 723, 729 (7th Cir. 2001)
(internal quotation and citations omitted). If a plaintiff had no reasonable opportunity to raise a
claim in state court, however, the Rooker-Feldman abstention does not apply.
Shorebank Dev. Corp., 182 F.3d 548, 556 (7th Cir. 1999).
12
Long v.
Defendants argue that Van Dyke’s request for this Court to review the DCFS decision is
inextricably intertwined with the decision of the Juvenile Court of Winnebago County.
Van
Dyke responds that the DCFS decision upholding the Clinical Placement Review is a separate
proceeding from the state-court judgment which denied her petition for writ of mandamus.
“While inextricably intertwined is a somewhat metaphysical concept, the crucial point is whether
the district court is in essence being called upon to review the state-court decision.” Taylor, 374
F.3d at 533 (internal quotation and citation omitted).
Here, this Court is not being called upon
to review the state-court decision and is instead being asked to review a separate administrative
proceeding.
Van Dyke filed an emergency petition for writ of mandamus in the Winnebago County
Juvenile Court based on the Illinois Constitution. 4
In her emergency petition, Van Dyke
claimed that she established the four elements necessary for a writ of mandamus: “(1) a clear
legal right to relief, (2) a clear duty of the public official to act, (3) that the respondent public
official has clear authority to comply with the writ, and (4) that the petitioner has no other
adequate remedies.” (Defs.’ Mem. Supp. Mot. Dismiss, Ex. F, Emergency Pet. for Writ of
Mandamus and for Hearing Instanter.)
After her emergency petition was denied by the Winnebago County Juvenile Court, 5 Van
Dyke requested a separate Clinical Placement Review with the DCFS.
recommended that K.C. not be returned to Van Dyke’s home.
The clinical reviewer
Van Dyke appealed the Clinical
4
On March 12, 2013, Van Dyke filed an emergency petition in the Circuit Court of Winnebago County for a
“writ of mandamus, to compel DCFS to place [K.C.] back under her foster care.” (Defs.’ Mem. Supp. Mot.
Dismiss, Ex. F, Emergency Pet. for Writ of Mandamus and for Hearing Instanter.)
5
The order held that Van Dyke’s “emergency petition for writ of mandamus and for hearing instanter is
hereby heard and denied.” (Defs.’ Mem. Supp. Mot. Dismiss., Ex. G, Juvenile Division Order.)
13
Placement Review, and an appeals hearing was held pursuant to 89 Illinois Administrative Code
§ 337.
An ALJ recommended denying her appeal for the return of her grandson, and the DCFS
adopted the ALJ’s recommendation.
(Id., Ex. B, Op. Admin. Law Judge 5.) Van Dyke now
asks this Court to review the denial of her appeal by the DCFS and order K.C. returned to her
home.
The state-court order and the DCFS decision comprised two separate proceedings and
denied distinct requests for relief.
Van Dyke’s emergency petition alleged that K.C. was
forcibly taken from her home due to unfounded allegations of abuse.
The emergency petition
requested a writ of mandamus based on the Illinois Constitution ordering K.C. to be returned to
Van Dyke’s home.
In contrast, Van Dyke’s appeal of the Clinical Placement Review, pursuant
to 89 Illinois Administrative Code § 337, sought to demonstrate that K.C.’s “needs regarding
safety, well being and permanency” were best met by living with her.
(Id. at 8.) If the Court
were to review and overturn the DCFS decision regarding the needs of K.C., the Court could do
so without disturbing the Winnebago County Juvenile Court’s order which denied a separate
emergency petition.
Accordingly, the Rooker-Feldman doctrine does not bar this Court’s
review of the DCFS administrative decision.
B.
Supplemental Jurisdiction
Although the Rooker-Feldman doctrine does not bar this Court from reviewing the DCFS
decision, the Court nonetheless declines to exercise supplemental jurisdiction over this claim.
The Seventh Circuit “acknowledge[s] the broad discretion of district judges in making judgments
concerning the retention of supplemental claims.” Van Harken, 103 F.3d at 1354. This Court
may decline to exercise supplemental jurisdiction over a state-law claim that “substantially
14
predominates over the claim or claims over which the district court has original jurisdiction.”
28 U.S.C. § 1367(c)(2).
“[I]f it appears that the state issues substantially predominate, whether
in terms of proof, of the scope of the issues raised, or of the comprehensiveness of the remedy
sought, the state claims may be dismissed without prejudice and left for resolution to state
tribunals.” United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966).
Plaintiff asks this Court to review an administrative decision pursuant to 735 Illinois
Compiled Statute 5/3-101.
“But this Court is of course not subject to the provisions of the
Illinois Code of Civil Procedure that confer jurisdiction upon, and that establish the procedures
for, Illinois Circuit Courts to review decisions by Illinois administrative agencies.” Badanish v.
City of Chi., 895 F. Supp. 201, 203 (N.D. Ill. 1995); id. (also noting that federal court
“jurisdiction is limited and is expressly defined by Congress” and not by 735 Ill. Comp. Stat
5/3-101).
As discussed above, the Court dismisses Plaintiff’s substantive due process and
unreasonable seizure claims.
search.
Her only remaining federal claim is one for an unreasonable
The Court finds that the claim for administrative review “substantially predominates
over the [] claims over which the district court has original jurisdiction.”
1367(c)(2).
28 U.S.C. §
First, the terms of proof and scope of the issues raised by an administrative review
will substantially predominate over Plaintiff’s remaining unreasonable search claim.
An
administrative review of the DCFS decision will require the Court to review the evidence
considered by the ALJ, including the testimony of eight witnesses and twenty-seven exhibits.
(Defs.’ Mem. Supp. Mot. Dismiss, Ex. B, Op. Admin. Law Judge 2-4.) The Court will need to
consider this evidence in determining whether the DCFS ruling “is clearly erroneous and against
15
the manifest weight of the evidence” in regards to K.C’s needs for his safety, well-being, and
permanency.
(2d. Am. Comp. ¶ 27.) On the other hand, Plaintiff’s unreasonable search claim
will likely be limited to issues of consent, whether the search was reasonable, and the testimony
of the individuals who carried out the alleged search.
Next, the remedy sought by Plaintiff’s state-law claim substantially predominates over the
remedies sought by her federal claim.
The crux of Plaintiff’s Second Amended Complaint asks
this Court to return K.C. to her home by reviewing and overturning a decision by the DCFS.
The remedy of returning K.C. to Plaintiff’s home in the interest of child safety substantially
predominates over whatever attorney’s fees and damages she seeks for her remaining Fourth
Amendment unreasonable search claim.
Furthermore, the issues involving child custody are
generally matters within the realm of state courts.
See Hickey v. Duffy, 827 F.2d 234, 244 (7th
Cir. 1987) (noting “family law matters [] have traditionally been left in the province of the
states”) (internal citation omitted).
An Illinois state court is better suited to review the DCFS
decision and make a determination regarding K.C.’s best interests, particularly where, as here,
the agency’s determination does not impede upon plaintiff’s constitutionally protected interest.
For these reasons, the Court declines to exercise supplemental jurisdiction over Van Dyke’s
administrative review claim and dismisses this claim without prejudice.
IV.
Temporary Restraining Order and Preliminary Injunction
Finally, Plaintiff seeks a temporary restraining order and preliminary injunction ordering
Defendants to return K.C. to her home.
Van Dyke alleges that she has observed multiple signs
of potential abuse on K.C., including cigarette burns, unattended large cuts on the wrist, overly
abundant insect bites to the head, and rashes.
She also states that the current foster parents have
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seven individuals in addition to K.C. living in their home, that there is smoking in the home, and
that K.C.’s illnesses are not being treated.
In her reply brief, Van Dyke also asks this Court to
appoint a special master to investigate K.C.’s well-being.
“[A] preliminary injunction is an exercise of a very far-reaching power, never to be
indulged in except in a case clearly demanding it.” Girl Scouts of Manitou Council, Inc. v. Girl
Scouts of the USA, Inc., 549 F.3d 1079, 1085 (7th Cir. 2008) (internal citations and quotations
omitted). The moving party bears the burden of making a clear showing that it is entitled to the
relief it seeks. Goodman v. Ill. Dep’t of Fin. & Prof’l Regulation, 430 F.3d 432, 437 (7th Cir.
2005). To determine whether a situation warrants a preliminary injunction, the Court engages in
an analysis that proceeds in two distinct phases: a threshold phase and a balancing phase. See
Girl Scouts, 549 F.3d at 1085-86.
“The standards for issuing temporary restraining orders are
identical to the standards for preliminary injunctions.” Long v. Bd. of Educ., Dist. 128, 167 F.
Supp. 2d 988, 990 (N.D. Ill. 2001); see YourNetDating, LLC v. Mitchell, 88 F. Supp. 2d 870, 871
(N.D. Ill. 2000) (internal citation omitted).
In the threshold phase, the party seeking a temporary restraining order or preliminary
injunction must: (1) show that it will suffer irreparable harm without the injunction; (2) that
traditional legal remedies would be inadequate; and (3) that its claim has some likelihood of
success on the merits.” Goodman, 430 F.3d at 1086.
If the party cannot show any one of these
threshold requirements, the preliminary injunction must be denied. Id. If, however, the party
satisfies this initial threshold, the Court proceeds to the balancing phase of the analysis. Id.
Plaintiff has failed to demonstrate a likelihood of success on the merits.
Plaintiff asks
this Court to order the return of K.C. to her care by reviewing and overturning the DCFS
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decision.
As explained above, the Court declines to exercise supplemental jurisdiction over her
administrative review claim because it predominates over her remaining Fourth Amendment
unreasonable search claim.
Furthermore, to the extent that Plaintiff bases her motion on a
substantive due process claim, she has failed to establish a likelihood of success on the merits.
Because Van Dyke has failed to demonstrate a likelihood of success on the merits, the
Court need not address whether she will suffer irreparable harm or if traditional legal remedies
are inadequate. See Chi. Bd. of Realtors, Inc. v. City of Chi., 819 F.2d 732, 740-41 (7th Cir.
1987).
The Court therefore denies Plaintiff’s motion for a temporary restraining order,
preliminary injunction, and appointment of a special master.
Conclusion
For the reasons stated herein, the Court grants Defendants’ motion to dismiss Plaintiff’s
request for administrative review (Count I) against DCFS and the DCFS Director, substantive
due process claim (Count II) against all Defendants, and unreasonable seizure claim (Count III)
against Defendants Barnes, Johnson, and Fultz.
The Court denies Defendants’ motion to
dismiss Plaintiff’s unreasonable search claim (Count III) against Defendants Barnes, Johnson,
and Fultz.
The Court also denies Plaintiff’s motion for a temporary restraining order,
preliminary injunction, and appointment of a special master.
SO ORDERED
ENTER:
5/22/14
______________________________________
JOHN Z. LEE
United States District Judge
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