Opinion
Civil Action No. 01-2198, Section "K"(4)
October 31, 2001
ORDER AND REASONS
Before this Court is defendants, Theodore Nass and Elton Ray Johno's Motion to Dismiss for Failure to State a Claim. Plaintiff was contacted and stated that her opposition filed in connection with Judge Alan Green's Motion to Dismiss (rec. doc. 6) was also intended to apply to the instant motion. For the following reasons, the Court GRANTS defendants' motion.
BACKGROUND
This suit stems from events that transpired through the course of plaintiffs child custody litigation before defendant, Judge Alan Green. After Judge Green rendered judgment in her case, plaintiff filed suit against defendants and argued that they had "willfully, wrongfully, unlawfully, maliciously, and unconstitutionally deprived plaintiffs civil rights and due process" when: (1) custody of her minor son was given to her ex-husband, Elton Ray Johno, on May 29, 2001, (2) the judge in that matter spoke privately with her son in chambers, (3) Elton Ray Johno was allowed to enter her home without a hearing on June 11, 2001, and (4) the judge refused to grant her motion for his recusal in the matter. Plaintiff requested several forms of relief from this Court including: (1) dismissal of all orders rendered by defendant in the child custody dispute, (2) reversal of the state court judgment to award her sole custody of her son, and (3) imposition of costs of this suit on defendants.
Defendants denied plaintiffs allegations and filed this motion to dismiss plaintiffs complaint for failure to state a claim upon which relief could be granted based on the "Rooker-Feldman" doctrine. Specifically, defendants argued that under that doctrine plaintiff was prohibited from lodging a collateral attack on the state court judgment in federal court because it is presumed that state procedures afford parties an adequate remedy for any issues not yet raised unless there is unambiguous authority to the contrary. Therefore, the state court system is the proper forum to address plaintiffs complaints.
ANALYSIS
Initially, this Court notes that neither plaintiffs complaint nor her motion in opposition to defendant's motion to dismiss state a constitutional claim against defendants, Theodore Nass and Elton Ray Johno as there is no indication that either defendant acted to deprive plaintiff of her constitutional rights. Rather, plaintiffs grievance arises solely out of Judge Alan Green's decision to award custody of plaintiffs child to Elton Ray Johno. Defendants named in the instant motion bear no relation to that judgment and this Court can not fathom any reason why plaintiff lodged suit against them.
This Court has already dismissed plaintiffs claim against Judge Alan Green (rec. doc.8) based on his judicial immunity and the Rooker Feldman Doctrine. Similarly, this Court holds that plaintiffs complaint against the named defendants herein should be dismissed. The complaint is frivolous and meritless and the relief sought through the complaint is barred by application of the Rooker Feldman doctrine.
The Fifth Circuit has consistently warned that "[m]otions to dismiss for failure to state a claim are viewed with disfavor and rarely granted." Southern Christian Leadership Conference v. Supreme Court of State of Louisiana, C.A. 99-30895, 2001 WL 575601 (5th Cir. May 29, 2001). Such motions are usually denied because they "'admit the facts alleged in the complaint but challenge plaintiffs right to relief based upon those facts.'" Crowe v. Henry, 43 F.3d 198,203 (5th Cir. 1995) (quoting Ward v. Hednell, 366 F.2d 247, 249 (5th Cir. 1966)). Therefore, when considering a motion to dismiss, district courts should construe complaints liberally, accept the factual allegations of the complaint as true, and resolve all ambiguities or doubts regarding the sufficiency of the claim in favor of the plaintiff. Fernandez-Montes v. Allied Pilots Ass'n, 987 F.2d 278 (5th Cir. 1993). Unless it "appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim," the complaint should not be dismissed for failure to state a claim. Id. at 284-85 and Conley v. Gibson, 355 U.S. 41, 45-46. However, even with the cautious attitude employed by this Court when considering motions to dismiss, plaintiffs grievances can not be remedied.
Plaintiff has curiously named as defendants her ex-husband (Elton Ray Johno) and his attorney (Theodore Nass) alleging deprivation of her constitutional rights and requests this Court to reverse the child custody judgment rendered by Judge Green in a matter properly before him. Notwithstanding the fact that defendants Nass and Johno had no control over Judge Green's judgment, the Court is without power to grant plaintiffs demand pursuant to the "Rooker Feldman" doctrine. The jurisdiction of federal courts is established by the Constitution and congressional statutes. In District of Columbia Ct. of Apocals v. Feldman, 460 U.S. 462, (1983), the Court held that district courts "do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings, even if those challenges allege that the state court's action was unconstitutional. Review of those decisions may only be had in [the United States Supreme Court]." The Court further explained that even if "[a] state trial court errs, the judgment is not void." Id. See also Weekly v. Morrow, 204 F.3d 613 (5th Cir. 2000) ( citing Carbonell v. Louisiana Depi. of Health and Human Resources, 772 F.2d 185, 188-89 (5th Cir. 1985)). Rather, "it is to be reviewed and corrected by the appropriate state appellate court." Id. Adhering to the above principles, any claim plaintiff has with the orders or judgement rendered by defendant in the state court system must be addressed in the state court appellate system.
Furthermore, any request by plaintiff for costs or fees incurred in this matter must also be denied as plaintiff is not the prevailing party in this suit. 42 U.S.C.A. § 1988(b), (c).
Accordingly, IT IS ORDERED that defendants Elton Ray Johno and Theodore Nass's Motion to Dismiss for Failure to State a Claim is GRANTED.