Gilbank, Michelle et al v. Wood County DHS et al

Filing 138

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 135 Notice of Appeal (Attachments: # 1 12/15/2020 Order, # 2 12/10/2021 Order, # 3 Judgment, # 4 Docket Sheet) (kmd),(ps)

1

UNITED STATES DISTRICT COURT

2

for the

3

Western District of Wisconsin

4

Civil Division

5
6
7

MICHELLE R GILBANK, et al.,

8
9
10
11

Case No.: 20-cv-601-jdp

Plaintiffs,
vs.

NOTICE OF APPEAL

WOOD COUNTY DHS, et al.,
Defendants.

12
13
14
15

Michelle R Gilbank, plaintiff, appeals to the United States Court of Appeals for the Seventh

16

Circuit from the final judgement entered on December 10th, 2021; and from all previous rulings

17

in this action. Plaintiff is entitled to redress due to Constitutional violations of which she

18

suffered injury. Plaintiff’s custody of her child and security in her home were violated without

19

warrant. “Government officials are required to obtain prior judicial authorization before

20

intruding on a parent’s custody of his or her child unless they possess information at the time of

21

the seizure that establishes ‘reasonable cause to believe that the child is in imminent danger of

22

serious bodily injury and that the scope of the intrusion is reasonably necessary to avert that

23

specific injury.’” (Mabe v. San Benardino County DPSS, 2001, 9th Cir., 237 F.3d 1101)

24
25
26

PLAINTIFF’S NOTICE OF APPEAL

-1

1

Plaintiff’s federal claims are not inextricably intertwined with a state-court judgment because the

2

defendants’ challenged conduct—warrantless interference in child custody, warrantless removal

3

from her home, and providing false and misleading testimony—occurred before any judicial

4

involvement. The complaint alleges, at most, “an independent prior injury that the state court

5

failed to remedy” and not an injury “caused by the state court judgment.” (Sykes, 837 F.3d at

6

742). Her federal claims could exist even without any state-court judgment. And for that reason,

7

the “the injur[ies] complained of by [Plaintiff can] be separated from [the] state court judgment.”

8

(Jakupovic, 850 F.3d at 903 (quoting Sykes, 837 F.3d at 742)). The Rooker-Feldman doctrine

9

accordingly does not apply, and federal courts may exercise jurisdiction over Plaintiff’s case.

10

(Andrade v. City of Hammond, 7th Circuit Court of Appeals, No. 20-1541)

11

The issues at hand were refused to be heard in the Plaintiff’s juvenile county case, and the

12

Defendants have not been defendants in any prior state action related to the Plaintiff.

13
14

Dated: January 9, 2022

Respectfully submitted,

15
16

Michelle R Gilbank

17

Michelle R Gilbank
Email: [e-mail]
Plaintiff / Appellant

18
19
20
21
22
23
24
25
26

PLAINTIFF’S NOTICE OF APPEAL

-2

1

CERTIFICATE OF SERVICE

2

I hereby certify that on January 9th, 2022, the foregoing document was filed with

3

the Clerk of Court via the CM/ECF system, causing it to be served on

4

Defendants’ counsels of record.

5
6

Michelle R Gilbank

7

Michelle R Gilbank
Email: [e-mail]
Plaintiff / Appellant

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

PLAINTIFF’S NOTICE OF APPEAL

-3