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)

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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: 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: 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

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