Bent v Lashway, et al

Filing 89

ORDER signed by Judge Benjamin H. Settle denying 58 Motion for Summary Judgment; denying 68 Motion for Default Judgment; granting 76 Motion for Summary Judgment; granting 82 Motion for Summary Judgment. Clerk shall enter judgment in favor of defendants and close the case. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL S. BENT,

CASE NO. C16-5916 BHS
Plaintiff,

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v.
PATRICIA LASHWAY, et al.,

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Defendants.

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ORDER GRANTING
DEFENDANTS’ MOTIONS FOR
SUMMARY JUDGMENT,
DENYING PLAINTIFF’S
MOTIONS FOR SUMMARY
JUDGMENT, AND DENYING
PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT

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This matter comes before the Court on the following motions:

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1.

Plaintiff Michael Bent’s (“Plaintiff”) motion for default or summary

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judgment against Defendants Greg Kimsey (“Kimsey”) and Mark McCauley

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(“McCauley”) (collectively “County Defendants”) (Dkt. 68);

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2.

Plaintiff’s motion for summary judgment against Defendant Patricia

Lashway (“Lashway”) (Dkt. 58);
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The cross-motion for summary judgment of Defendants Kimsey and

McCauley (collectively “County Defendants”) (Dkt. 76); and
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Lashway’s cross-motion for summary judgment (Dkt. 82).

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The Court has considered the pleadings filed in support of and in opposition to

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these motions and the remainder of the file and hereby grants the cross-motions for

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summary judgment in favor of Lashway and the County Defendants for the reasons stated

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herein.

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I.

PROCEDURAL HISTORY

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On October 31, 2016, Plaintiff filed his original complaint in this action against

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Lashway in her official capacity as Acting Secretary of the Washington Department of

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Social and Health Services (“DSHS”); the Assistant Secretary for the Administration for

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Children and Families under the U.S. Department of Health and Human Services (the

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“Secretary”); McCauley, in his official capacity as Manager and CEO of Clark County;

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and Kimsey, in his official capacity as Clark County Auditor. Dkt. 1. Plaintiff asserted

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numerous claims based on the theory that “Lashway inappropriately steers Federal

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Incentive grant awards to the County with intention to bias custodial arrangement in

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fragmented families.” Id.

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Also on October 31, 2016, Plaintiff moved for the recusal of any judge that was a

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member of the Washington State Bar Association, on the basis that membership in the

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same state bar association as Lashway would undermine the impartiality of the Court.

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Dkt. 3. Plaintiff’s motion for recusal was denied. Dkts. 17, 18.

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On January 3, 2017, Lashway filed a motion for a more definite statement (Dkt.

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24) and the Secretary filed a motion to dismiss (Dkt. 25). On February 22, 2017, the

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Court granted the Secretary’s motion and dismissed Plaintiff’s claims against the

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Secretary with prejudice. Dkt. 35. The Court also granted Lashway’s motion for a more

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definite statement, giving Plaintiff leave to amend his claims against Lashway only. Dkt.

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35. On February 27, 2017, Plaintiff appealed. Dkt. 38.

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On March 3, 2017, Plaintiff filed an amended complaint. Dkt. 40. On March 14,

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2017, the Ninth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction because the

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Court’s order did not dispose of all claims against all parties. Dkt. 44.

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On March 17, 2017, both the Secretary and Lashway again moved to dismiss the

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amended complaint. Dkts. 45, 46. On May 23, 2017, the Court entered an order granting

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the Secretary’s motion to dismiss and denying Lashway’s motion to dismiss. Dkt. 54.

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On June 6, 2017, Lashway filed her answer to the amended complaint. Dkt. 55. On

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July 27, 2016, the County Defendants filed their answer to the amended complaint. Dkt.

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57.

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On July 28, 2017, Plaintiff moved for summary judgment. Dkt. 58. On August 10,

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2017, Lashway moved to extend the deadline for a response to Plaintiff’s summary

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judgment motion. Dkt. 62. On August 24, 2017, the Court granted the extension. Dkt. 66.

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On August 28, 2017, Plaintiff moved for default judgment or alternatively

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summary judgment against the County Defendants. Dkt. 68. On September 18, 2017,

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Lashway and the County Defendants responded to the motion for default judgment. Dkts.

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71, 78. The County Defendants also filed a cross-motion for summary judgment. Dkts.

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76. On September 22, 2017, Plaintiff replied on his motion for default judgment and his

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motion for summary judgment against Lashway. Dkt. 80, 81.

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On October 5, 2017, Lashway filed her cross-motion for summary judgment
against Plaintiff. Dkt. 82. On October 9, 2017, Plaintiff responded to the County

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Defendants’ cross-motion for summary judgment. Dkt. 84. On October 13, 2017, the

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County Defendants replied on their cross-motion. Dkt. 85. On October 16, 2017, Plaintiff

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responded to Lashway’s cross-motion for summary judgment. Dkt. 86.

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II.

FACTUAL BACKGROUND

Plaintiff and his former spouse, LaShandre Bent (“LaShandre”), were married on

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June 29, 1991, and have two children. In June 2013, LaShandre filed for divorce and

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sought to relocate out of state with custody of the children. On June 21, 2013, Clark

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County Superior Court entered a temporary order requiring that Plaintiff pay $5,000 per

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month to LaShandre in family support, beginning June 15, 2013. Dkt. 74-1 at 2–3. The

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order also temporarily limited Plaintiff’s contact with the children to supervised visits on

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weekends. Id.

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On August 13, 2013, the Division of Child Support (“DCS”) at DSHS opened a

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case on Plaintiff’s child support obligations when LaShandre requested support

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enforcement services. Dkt. 75 at 3. DCS served Plaintiff with notice advising him to

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make his child support payments to DCS, with which Plaintiff complied. Dkt. 74 at 2.

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On October 10, 2014, Judge Veljacic of Clark County Superior Court entered

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several orders finalizing Plaintiff’s dissolution. Dkt. 74-1 at 5–14 (Parenting Plan), 16–27

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(Order of Child Support), 45–53 (Decree of Dissolution), 55–59 (Findings of Fact and

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Conclusions of Law). Included in these orders was an Order of Child Support requiring

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that Plaintiff pay child support in increasing amounts through September 30, 2017. Id. at

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16–27. Also included in these orders was a “Parenting Plan,” wherein LaShandre was

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designated as the “custodian of the children solely for purposes of all other state and

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federal statutes which require a designation or determination of custody.” Id. at 9.

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At the time of the parties’ summary judgment motions, Plaintiff was paying

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$1,500 in maintenance and $808.36 per month in child support through DCS. Id. at 16–

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53.

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III.
A.

Motion for Default Judgment
Plaintiff has moved for default judgment against the County Defendants. Dkt. 68.

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DISCUSSION

The Court has discretion to grant default judgment after a default has been entered

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against a party for their failure to plead or otherwise defend. Fed. R. Civ. P. 55. While

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Plaintiff cites Federal Rule of Civil Procedure 55, he makes no argument regarding the

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County’s failure to plead or otherwise defend. No default has been entered. Indeed, all of

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the Defendants in this case have answered the complaint. Dkts. 55, 57. The Defendants

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have also opposed Plaintiff’s motions and filed cross-motions for summary judgment of

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their own. Dkts. 71, 76, 78, 82, 85. Accordingly, Plaintiff’s motion for default judgment

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is denied.

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B.

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Motions for Summary Judgment
Plaintiff brings claims premised on three alleged wrongs. First, Plaintiff claims

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that DSHS has violated the Freedom of Information Act by failing to provide him with all

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of the agreements between DSHS and various Washington courts and political

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subdivisions. Dkt. 58 at 19–20. Second, Plaintiff complains that the implementation of

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financial agreements under 42 U.S.C. § 654(7) violated his constitutional rights by

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depriving him of an impartial hearing in his divorce and child custody proceedings in

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Clark County Superior Court. Dkt. 40 at 21–22. Third, Plaintiff complains that DSHS

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wrongfully designated him as “noncustodial parent” for the purposes of Title IV-D,

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which “comes with severe restrictions, extensive tracking and listing on various databases

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used by various authorities to monitor and constraint [sic] persons of interest including

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rapists, criminals, and terrorists.” Id. Each of the parties have moved for summary

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judgment on all of Plaintiff’s claims stemming from these three alleged wrongs.

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Summary judgment is proper only if the pleadings, the discovery and disclosure

Summary Judgment Standard

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materials on file, and any affidavits show that there is no genuine dispute as to any

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material fact and that the movant is entitled to judgment as a matter of law. Fed. R. Civ.

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P. 56(c). The moving party is entitled to judgment as a matter of law when the

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nonmoving party fails to make a sufficient showing on an essential element of a claim in

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the case on which the nonmoving party has the burden of proof. Celotex Corp. v. Catrett,

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477 U.S. 317, 323 (1986). There is no genuine dispute of fact for trial where the record,

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taken as a whole, could not lead a rational trier of fact to find for the nonmoving party.

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Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (nonmoving

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party must present specific, significant probative evidence, not simply “some

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metaphysical doubt”). See also Fed. R. Civ. P. 56(e). Conversely, a genuine dispute over

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a material fact exists if there is sufficient evidence supporting the claimed factual dispute,

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requiring a judge or jury to resolve the differing versions of the truth. Anderson v. Liberty

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Lobby, Inc., 477 U.S. 242, 253 (1986); T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors

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Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

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In determining the existence of a dispute over material fact, the Court must

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consider the substantive evidentiary burden that the nonmoving party must meet at trial—

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e.g., a preponderance of the evidence. Anderson, 477 U.S. at 254; T.W. Elec. Serv., Inc.,

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809 F.2d at 630. The Court must resolve any factual issues of controversy in favor of the

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nonmoving party only when the facts specifically attested by that party contradict facts

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specifically attested by the moving party; the nonmoving party may not merely state that

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it will discredit the moving party’s evidence at trial, in the hopes that evidence can be

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developed at trial to support the claim. T.W. Elec. Serv., Inc., 809 F.2d at 630 (relying on

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Anderson, 477 U.S. at 255). Conclusory, nonspecific statements in affidavits are not

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sufficient, and missing facts will not be presumed. Lujan v. Nat’l Wildlife Fed’n, 497

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U.S. 871, 888–89 (1990).

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2.

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The Court dismisses Plaintiff’s FOIA claim. FOIA applies only to agencies of the

FOIA Claim

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executive branch of the United States federal government. Moore v. United Kingdom,

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384 F.3d 1079, 1089 (9th Cir. 2004) (citing 5 U.S.C. §§ 551(1), 552(f)). DSHS is an

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agency of Washington State, and therefore not subject to FOIA. See Kerr v. U.S. Dist.

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Court for N. Dist. of California, 511 F.2d 192, 197 (9th Cir. 1975), aff’d, 426 U.S. 394

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(1976). Additionally, even if DSHS was a federal agency subject to FOIA, Plaintiff has

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not submitted a FOIA request to DSHS, which would preclude his claim. 5 U.S.C. §

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552(a)(3).

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3.

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The Court also dismisses Plaintiff’s claims against DSHS and the County

Impartial Hearings

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Defendants premised on his theory that DCS reimbursements to Clark County Court

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deprived him of impartial hearings in his divorce proceedings. See Dkt. 40 at 12–16, 21–

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36. Federal law authorizes DCS to reimburse courts that help it obtain “optimum results”

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through expeditious resolution of Title IV-D cases. 42 U.S.C. § 654(7); 45 C.F.R. §

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303.101. Clark County Superior Court is eligible for such reimbursements because it

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provides a weekly docket before a court commissioner that is exclusively dedicated to the

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Title IV-D caseload. Dkt. 73 at 3. Notably, Clark County does not receive reimbursement

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from DCS for hearing time before Superior Court judges. Dkt. 72 at 2.
Defendants have shown that the outcome of these Title IV-D cases have no effect

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on any benefit to the commissioners or judges of courts with DCS contracts. All judges

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and court commissioners receive the same salary, regardless of the outcome or caseload

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of their Title IV-D cases. RCW 43.03.012; RCW 2.24.030; Dkt. 72 at 1–2. Moreover,

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Plaintiff has failed to show that the Clark County reimbursement contract with DCS has

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any connection whatsoever to his dissolution proceedings, which were adjudicated by a

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Superior Court judge. See Dkt. 74-1. Indeed, federal law prohibits DCS from issuing any

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reimbursements related to the activity of Superior Court judges. 45 C.F.R. § 304.21.

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Moreover, these reimbursements are entirely unrelated to the outcome of any

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commissioner case on the Title IV-D docket, but are instead related to the time and

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resources dedicated to those cases. Dkt. 72 at 2; Dkt. 73 at 3–4.

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Plaintiff has failed to provide any evidence, or even a cognizable theory, as to how

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DCS reimbursements had any effect on the impartiality of the tribunal presiding over his

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dissolution proceedings. Accordingly, Plaintiff has failed to show any unlawful

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deprivation of his rights and his constitutional claims must fail.

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4.

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Finally, the Court dismisses Plaintiff’s challenge of his designation as a

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“Noncustodial Parent” Designation

“noncustodial parent” under Title IV-D.
Plaintiff argues that his designation as a “noncustodial parent” violates federal
law. Specifically, Plaintiff argues that “only parents guilty of a heinous crime resulting in

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them losing legal rights of parental custody can be considered a federal noncustodial

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parent under Title IV-D,” and it is therefore wrong for DSHS to label him as a

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“noncustodial parent” as the result of court-ordered child support payments. Dkt. 86 at 2

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(citing Dkt. 40 at 8–12). Therefore, Plaintiff argues, because “[n]o State Court had

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adjudicated Plaintiff to be a ‘noncustodial parent’ . . . , DSHS incorrectly applied that

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apparent quasi-criminal federal classification” and he cannot be designated as a

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“noncustodial parent” for the purposes of Title IV-D. Dkt. 58 at 5.

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However, contrary to Plaintiff’s contentions, the Clark County Superior Court

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specifically designated LaShandre as the “custodian of the children solely for purposes of

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all other state and federal statutes which require a designation or determination of

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custody.” Dkt. 74-1 at 9. Because LaShandre was designated as the custodial parent for

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the purposes of federal laws such as Title IV-D, Plaintiff is necessarily the noncustodial

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parent. To challenge this designation by the Superior Court, Plaintiff must seek review or

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amendment of the parenting plan entered by the Clark County Superior Court, which

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review he cannot seek here. See Henrichs v. Valley View Dev., 474 F.3d 609, 613 (9th

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Cir. 2007); Noel v. Hall, 341 F.3d 1148, 1164 (9th Cir. 2003).

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5.

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Defendants have raised numerous other arguments to assert their entitlement to

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summary judgment, including (but not limited to) arguments on Eleventh Amendment

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immunity and judicial immunity. Because the Court has already concluded that Plaintiff’s

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claims must be dismissed for the reasons stated above, it need not consider these

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additional arguments.

Housekeeping

IV.

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ORDER

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Therefore, it is hereby ORDERED that Lashway’s cross-motion for summary

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judgment (Dkt. 82) and the County Defendants’ cross-motion for summary judgment

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(Dkt. 76) are GRANTED and Plaintiff’s claims are DISMISSED. Plaintiff’s motions for

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default judgment (Dkt. 68) and summary judgment (Dkts. 58, 68) are DENIED.

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The Clerk shall enter judgment in favor of the defendants and close this case.

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Dated this 30th day of October, 2017.

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BENJAMIN H. SETTLE
United States District Judge

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