Ruach El et al v. Chang et al

Filing 24

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant as the Order of the Court and DISMISSING WITHOUT PREJUDICE the complaint. Signed by Honorable Richard M Gergel on 1/30/2018.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Qadim Ruach El, et al.,
Plaintiffs,
V.

Susan Chang, et al.,
Defendants.

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Civil Action No. 2:17-1915-RMG

ORDER AND OPINION

This matter is before the Court on the Report and Recommendation of the Magistrate
Judge, recommending the complaint be summarily dismissed without prejudice and without
service.

Plaintiffs assert claims against numerous law enforcement personnel, social service

workers, judges, the Charleston County Clerk of Court, the Charleston County Family Court, the
Governor, and private individuals concerning a March 2017 incident. In that incident, a Charleston
County Sheriffs Deputy, attempting to serve a warrant on another individual, approached
Plaintiffs' apartment and observed two minor children home alone with drug paraphernalia on the
floor. Plaintiffs allege the deputy illegally coaxed the children to open the door, which led to the
discovery of a loaded rifle in the apartment. Plaintiff Qadim Ruach El was charged with child
endangerment. The children were taken into protective custody after the incident.
Plaintiffs Qadim Ruach El and Ameenah Adilah El filed the present action on July 19,
2017. They listed their two minor children as Plaintiffs as well. On August 29, 2017, the Court
entered a proper form order, directing Plaintiffs to obtain counsel for their minor children.
Plaintiffs have not complied with that order.

The Magistrate Judge recommended summary

dismissal on January 10, 2018. Plaintiffs filed no objections to the Report and Recommendation.

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Non-attorney parents may not litigate the claims of their minor children in federal court.
Myers v. Loudoun Cnty. Public Schs., 418 F.3d 395,401 (4th Cir. 2005). The Court therefore
dismisses without prejudice all claims asserted on behalf of the minor children.
Plaintiffs Qadim Ruach El and Ameenah Adilah El assert claims under 42 U.S.C. § 1983
against state or local officials. The Court agrees fully with the Magistrate Judge's comprehensive
analysis of the complaint. The complaint is incomprehensible "Moorish National" gibberish.
Essentially, Plaintiffs seek the return of their children. The complaint, however, names Defendants
with absolute immunity, private actor Defendants not subject to liability under § 1983, and
Defendants that are not "persons" under § 1983. More fundamentally, this Court does not hear
appeals from the Charleston County Family Court or interfere with pending state criminal
proceedings. See D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 476-82 (1983); Younger v.
Harris, 401 U.S. 37, 44 (1971).
The Court therefore ADOPTS the Report and Recommendation of the Magistrate Judge
(Dkt. No. 22) as the Order of the Court and DISMISSES WITHOUT PREJUDICE the
complaint.
AND IT IS SO ORDERED.

ourt Judge
January \. V2018
Charleston, South Carolina

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