Opinion

Gordon v. Croutch

Court
District Court, S.D. West Virginia
Filed
Sep 29, 2021
Cited by
0 cases
Authority
More cited than 32.8%

“[U]nder Younger and Sims federal district courts may not interfere with ongoing child custody proceedings.”

How later courts described this case

  • “[U]nder Younger and Sims federal district courts may not interfere with ongoing child custody proceedings.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

AT BLUEFIELD

DERRICK RYAN GORDON,

Plaintiff,

v. CIVIL ACTION NO. 1:20-00801

CABINET SECRETARY BILL

CROUTCH, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

By Standing Order, the action was referred to United

States Magistrate Judge Omar J. Aboulhosn for submission of

findings of fact and recommendations regarding disposition

pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn

submitted his Findings and Recommendation (“PF&R”) to the court

on January 28, 2021, in which he recommended that the court deny

plaintiff’s application to proceed without prepayment of fees and

costs, dismiss plaintiff’s “Petitions,” and remove this matter

from the court’s docket.

In accordance with the provisions of 28 U.S.C. § 636(b),

the parties were allotted fourteen days plus three mailing days

in which to file any objections to Magistrate Judge Aboulhosn’s

Findings and Recommendations. On January 27, 2021, Gordon filed

his objections to the PF&R. See ECF Nos. 8 and 9. On February

3, 2021, he also filed additional memoranda in support of this

case. See ECF Nos. 10 and 11. On February 3, 2021, he filed a

sealed affidavit and the next day he filed a motion for a

subpoena and another pleading. See ECF Nos. 13, 14, and 15.

After the deadline for filing objections, Gordon continued to

file further documents in support of his claims. See ECF Nos.

16, 17, 18, 20, 21, 22, 23, and 24. With respect to plaintiff’s

objections, where they are responsive to the PF&R, the court has

conducted a de novo review.*

Plaintiff initiated this civil action after his minor

children were removed from his custody and care in September

2020. He does not seek money damages but asks for the

restoration of his family and an injunction against defendants

Cabinet Secretary Bill Croutch [sic], the West Virginia

Department of Health and Human Resources, and CPS Agent Allison

Kelly.

In the PF&R, Magistrate Judge Aboulhosn found that the

complaint was subject to dismissal. First, given that plaintiff

appeared to be challenging ongoing state custody/neglect

proceedings, the PF&R recommended that the court abstain from

hearing those claims pursuant to the doctrine set forth in

Younger v. Harris, 401 U.S. 37 (1971). Alternatively, Magistrate

Judge Aboulhosn found that the “domestic relations exception” to

federal jurisdiction might apply given that Gordon was

* Gordon’s motions, ECF Nos. 14, 20, 21, and 24 are DENIED.

2

essentially asking the court to invalidate a State Court’s order

regarding the removal of his children from his home. Finally,

with respect to plaintiff’s allegations as to certain defendants,

he concluded that they might entitled to qualified immunity.

Plaintiff’s objections fail to address the actual reason

the PF&R recommended dismissal, i.e., Younger abstention.

Rather, he focuses on some of the alternative doctrines upon

which the magistrate judge recommended dismissal. For that

reason, his objections are irrelevant and unresponsive to the

reasoning contained in the PF&R. In any event, the court’s

review of the record confirms that the abstention doctrine set

forth in Younger v. Harris counsels against hearing this case.

In Younger [v. Harris, 401 U.S. 37 (1971)]

and its progeny, the Supreme Court has reiterated

“a strong federal policy against federal-court

interference with pending state judicial

proceedings absent extraordinary circumstances.”

Middlesex Cty. Ethics Comm. v. Garden State Bar

Ass'n, 457 U.S. 423, 431 (1982). The reason for

restraining federal courts from exercising

jurisdiction in these types of actions is the

notion of “comity,” which includes

a proper respect for state

functions, a recognition of the

fact that the entire country is

made up of a Union of separate

state governments, and a

continuance of the belief that the

National Government will fare best

if the States and their

institutions are left free to

perform their separate functions in

their separate ways.

3

Younger, 401 U.S. at 44. “The [Younger

abstention] doctrine recognizes that state courts

are fully competent to decide issues of federal

law and has as a corollary the idea that all

state and federal claims should be presented to

the state courts.” Richmond, Fredericksburg &

Potomac R.R. Co. v. Forst, 4 F.3d 244, 251 (4th

Cir. 1993).

Although Younger involved state criminal

proceedings, the Supreme Court has expanded its

application to “noncriminal judicial proceedings

when important state interests are involved.”

Middlesex, 457 U.S. at 432. “Where vital state

interests are involved, a federal court should

abstain unless state law clearly bars the

interposition of the constitutional claims.” Id.

(internal quotations omitted) (quoting Moore v.

Sims, 442 U.S. 415, 426 (1979)). In Middlesex,

the Supreme Court articulated the following

three–part test: “first, do [these proceedings]

constitute an ongoing state judicial proceeding;

second, do the proceedings implicate important

state interests; and third, is there an adequate

opportunity in the state proceedings to raise

constitutional challenges.” Id. at 432; see also

Martin Marietta Corp. v. Maryland Comm'n on Human

Relations, 38 F.3d 1392, 1396 (4th Cir. 1994).

Younger abstention applies only to “three

exceptional categories” of cases: (1) “parallel,

pending state criminal proceeding[s]”; (2) “state

civil proceedings that are akin to criminal

prosecutions”; and (3) “civil proceedings

involving certain orders . . . uniquely in

furtherance of the state courts’ ability to

perform their judicial functions.” Sprint

Commc'ns, Inc. v. Jacobs, 571 U.S. 69, 78 (2013).

These three categories of cases define the scope

of Younger. Id. at 82.

The ongoing state court proceeding must be

“the type of proceeding to which Younger

applies.” New Orleans Public Serv., Inc. v.

Council of City of New Orleans, 491 U.S. 350, 367

(1989).

4

Jonathan R. V. Justice, CIVIL ACTION No. 3:19-cv-00710, 2021 WL

3195020, at *8-9 (S.D.W. Va. July 28, 2021) (Johnston, C.J.).

The court agrees with Magistrate Judge Aboulhosn that

this court should abstain from hearing this case pursuant to

Younger. See Liedel v. Juvenile Court of Madison Cty., Ala., 891

F.2d 1542, 1546 (11th Cir. 1990)(“[U]nder Younger and Sims

federal district courts may not interfere with ongoing child

custody proceedings.”); Booker v. Mecklenburg Cty. Dept. Of

Social Servs., 3:19-cv000672-RJC-DSC, 2020 WL 9455319, at *2

(W.D.N.C. Jan. 16, 2020) (dismissal under Younger appropriate

where case concerned “ongoing child custody matters clearly

implicat[ing] important state interests”); Clark v. Deskins, ,

CIVIL ACTION NO. 2:18-cv-01381, 2019 WL 2651143, at *2 (S.D.W.

Va. June 27, 2019) (“Child custody and other domestic matters

would be better handled by the state courts which have the

experience to deal with this specific area of the law.”)

(Johnston, C.J.) (internal quotation and citation omitted); Reese

v. Maryland, Civil Action No. GJH-17-1487, 2017 WL 2712957, at *2

(D. Md. June 21, 2017) (dismissing pursuant to Younger a § 1983

and § 1985 action arising out of State court child support and

custody proceedings); Manship v. Brothers, No. 1:11cv1003 (JCC),

2011 WL 4408477, at *2 (E.D. Va. Sept. 21, 2011) (noting that

Younger “has been expanded to require abstention from child

custody and welfare determinations” and “to the extent that there

5

are ongoing state proceedings regarding the custody of the

minors, this Court abstains from exercising jurisdiction”). Nor

has Gordon offered any reasons to justify an exception to Younger

abstention. Accordingly, plaintiff’s objections are OVERRULED.

For the foregoing reasons, the court adopts the Findings

and Recommendations of Magistrate Judge Aboulhosn, DENIES

plaintiff’s application to proceed without prepayment of fees and

costs, DISMISSES plaintiff’s “Petitions,” and directs the Clerk

to remove this matter from the court’s docket.

The Clerk is directed to send copies of this Memorandum

Opinion and Order to counsel of record and to plaintiff, pro se.

IT IS SO ORDERED this 29th day of September, 2021.

ENTER:

Raut O Dabo

David A. Faber

Senior United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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