Opinion

Cunningham v. Jack

Court
District Court, E.D. Louisiana
Filed
Mar 19, 2025
Cited by
0 cases
Authority
More cited than 34.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

CHAD CUNNINGHAM CIVIL ACTION

VERSUS NO. 24-2338

KONITRA JACK SECTION L (2)

ORDER & REASONS

Before the Court is Defendant Konitra Jack’s Motion to Dismiss. R. Doc. 6. Plaintiff Chad

Cunningham filed an opposition, styled as a motion to “strike” Defendant’s motion. R. Doc. 7.

Considering the record, the briefing, and the applicable law, the Court now rules as follows.

I. BACKGROUND

Plaintiff, proceeding pro se, filed the instant suit in which he challenges the enforcement of

child support orders against him. In his complaint, he alleges that Defendant Konitra Jack is the

Director of “Region 6,” his local Department of Children and Family Services [“DCFS”] office. R.

Doc. 1 at 3. He argues that Region 6 is being run as a “business for profit” and that it “sells” certain

“services to customers” including “establishment of child support orders” and “collection of child

support payments.” Id. at 5. He avers that “as a Genesis 1:26 man, Plaintiff was born equally free

and independent” but that Region 6 has “subjugate[d] Plaintiff Chad to involuntary servitude by

converting him to a non-custodial parent.” R. Doc. 1 at 3. He avers that Defendant wrongfully

“compel[ed] Plaintiff Chad to involuntary participation” in the child support program by “coercive

collection” procedures such as sending “U.S. mail [] threatening to arrest him, and or suspension of

his driver’s license.” Id. at 11. Thus, he maintains that he has suffered the “loss of his inalienable

rights not to associate with the business for profit . . . resulting in his enslavement.” Id. Finally,

Plaintiff argues that Defendant wrongfully used his social security information to “use automated

systems to search for then locate and seize his honestly acquired money and other assets in relation to

a noncustodial parent.” Id. at 12. Overall, Plaintiff brings § 1983 claims for alleged violations of his

“1st, 4th, 7th, 13th, and 14th Amendment rights.” Id. at 6. He also alleges that Defendant committed

collusion, false advertising, and employment discrimination. Id. at 20. He seeks $12,000,000 in

damages, as well as injunctive relief terminating his child support responsibilities “on the basis that

[he] did not enroll in, apply for, or enter a personal responsibility contract” for child support

“services.” Id. at 23-25.

II. PRESENT MOTION

Defendant moves to dismiss this suit for lack of jurisdiction as well as for failure to statue a

claim. R. Doc. 6. She avers that “Plaintiff’s Complaint contains numerous references to various

provisions of the United States Constitution and United States Code, but it appears plaintiff

essentially seeks relief from the enforcement of child support orders under Title IV-D of the Social

Security Act.” R. Doc. 6-1 at 1. She argues that to the extent that Plaintiff seeks monetary damages,

his claims must be dismissed for lack of jurisdiction because the Louisiana Department of Children

and Family Services has not waived sovereign immunity. Id. at 3-4. To the extent Plaintiff seeks

injunctive relief, Defendant concedes that this Court may have jurisdiction. Id. at 4. However, she

avers that Plaintiff has failed to state a claim on which relief can be granted. Id. That is, Defendant

argues that all the child support enforcement actions of which Plaintiff complains are permissible

under federal and state law. Id. at 5-6. Overall, Defendant argues that settled case law holds that

individuals have no constitutional right to terminate their child support obligations. Id. at 6.

Plaintiff opposes the motion, R. Doc. 7. He argues that Defendant “attempts to diminish the

plausibility of Plaintiff’s claims by mischaracterizing them as conclusory despite the detailed factual

foundation provided throughout the Complaint.” Id. at 2.

III. LAW & ANALYSIS

Defendant seeks (1) a partial dismissal of Plaintiff’s suit based on lack of jurisdiction and (2)

a total dismissal based on Plaintiff’s failure to state a claim. The Court takes these issues in turn.

A. Plaintiff’s Claims for Monetary Damages Must Be Dismissed for Lack of

Jurisdiction.

Motions filed pursuant to Federal Rule of Civil Procedure 12(b)(1) allow a party to seek

dismissal of a complaint based on “lack of subject-matter jurisdiction.” Fed. R. Civ. P. 12(b)(1). For

a Rule 12(b)(1) motion to dismiss, the burden of proof is on the party asserting jurisdiction. Ramming

v. United States, 281 F.3d 158, 161 (5th Cir. 2001). “When a Rule 12(b)(1) motion is filed in

conjunction with other Rule 12 motions, the court should consider the Rule 12(b)(1) jurisdictional

attack before addressing any attack on the merits.” Id. When examining a Rule 12(b)(1) motion, the

district court may consider matters of fact that may be in dispute. Id. (citing Williamson v. Tucker,

645 F.2d 404, 413 (5th Cir. 1981)). “Ultimately, a motion to dismiss for lack of subject matter

jurisdiction should be granted only if it appears certain that the plaintiff cannot prove any set of facts

in support of his claim that would entitle plaintiff to relief.” Id. (citing Home Builders Ass’n of Miss.,

Inc. v. City of Madison, Miss., 143 F.3d 1006, 1010 (5th Cir. 1998)).

Here, Defendant argues that dismissal of Plaintiff’s claims for monetary damages is

appropriate because the doctrine of “sovereign immunity” means that this Court lacks jurisdiction

over these claims. Generally, “Eleventh Amendment sovereign immunity bars private suits against

non-consenting states in federal court.” City of Austin v. Paxton, 943 F.3d 993, 997 (5th Cir. 2019);

see Va. Off. Prot. & Advoc. v. Stewart, 563 U.S. 247, 253 (2011) (“Sovereign immunity is the

privilege of the sovereign not to be sued without its consent.”). “Because Eleventh Amendment

sovereign immunity deprives a federal court of jurisdiction to hear a suit against a state, a defendant’s

motion to dismiss asserting Eleventh Amendment sovereign immunity is properly brought under

Rule 12(b)(1).” Hopkins v. Wayside Sch., No. 23-50600, 2024 WL 3738478, at *4 (5th Cir. Aug. 9,

2024). “[D]ismissal under Rule 12(b)(1) on the basis of Eleventh Amendment sovereign immunity

must be without prejudice. Harris v. La. Dep’t of Pub. Safety & Corr., No. 22-2473, 2023 WL

3601656, at *1 (E.D. La. May 23, 2023).

Although sovereign immunity bars suits against non-consenting state officials for monetary

damages, the “Ex Parte Young exception” permit suits against state officials for purely injunctive

relief. Paxton, 943 F.3d at 997. “The Young exception is a legal fiction that allows private parties to

bring ‘suits for injunctive or declaratory relief against individual state officials acting in violation of

federal law.’” Id. (citing Raj v. La. State Univ., 714 F.3d 322, 328 (5th Cir. 2013)). “For the

exception to apply, the state official, ‘by virtue of his office,’ must have ‘some connection with the

enforcement of the challenged act, or else the suit is merely making him a party as a representative of

the state, and thereby attempting to make the state a party.’” Id. (citing Ex Parte Young, 209 U.S. 123

(1908)). Overall, the Young exception can sustain a suit against a state official where the “complaint

alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.”

Verizon Md., Inc. v. Pub. Serv. Comm’n of Md., 535 U.S. 635, 645 (2002).

Here, the Court finds that it lacks jurisdiction over Plaintiff’s claims for monetary damages

because Defendant has not waived sovereign immunity. The Louisiana Legislature has clearly stated

that “[n]o suit against the state or a state agency or political subdivision shall be instituted in any

court other than a Louisiana state court.” La. Stat. Ann. § 13:5106(A). Further, courts have

specifically held that “[Louisiana] DCFS is an arm of the state. A state official sued in her official

capacity is not considered a ‘person’ subject to suit under § 1983. Thus, to the extent Plaintiff asserts

claims against [DCFS representatives] in their official capacities, such claims must be dismissed.”

Williams v. Dep’t of Soc. Servs., No. 23-2851, 2023 WL 7870609, at *4 (E.D. La. Oct. 16, 2023).

Here, likewise, Plaintiff brings suit against Defendant Konrita Jack, the Child Support Enforcement

Director of DCFS, in her “official capacity.” R. Doc. 1 at 2. Accordingly, Plaintiff’s claims for

monetary damages against Defendant are barred by sovereign immunity. Thus, the Court lacks

jurisdiction and must dismiss Plaintiff’s claims for monetary damages without prejudice pursuant to

Rule 12(b)(1). See Hopkins, 2024 WL 3738478, at *4.

However, Plaintiff also requests injunctive relief in his Complaint. This claim is not facially

barred on jurisdictional grounds given the Ex Parte Young exception. Accordingly, the Court next

addresses whether Plaintiff has plead sufficient facts to allege an “ongoing violation of federal law”

as is required by that exception. Verizon, 535 U.S. at 645.

B. To the Extent that Plaintiff Seeks Injunctive Relief, His Suit Must Be Dismissed for

Failure to State a Claim.

The Federal Rules of Civil Procedure permit a defendant to seek a dismissal of a complaint

based on the “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). To

survive a Rule 12(b)(6) motion to dismiss, a complaint must include factual allegations that are

“enough to raise a right to relief above the speculative level,” Bell Atl. Corp. v. Twombly, 550 U.S.

544, 555 (2007). Particularly, “a plaintiff must plead specific facts, not mere conclusory allegations.”

Elliott v. Foufas, 867 F.2d 877, 881 (5th Cir. 1989). The complaint must also “state a claim to relief

that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial plausibility when the

plaintiff pleads factual content that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). When

ruling on a motion to dismiss, a court must construe facts in the light most favorable to the

nonmoving party, and it “must accept as true all of the factual allegations contained in the

complaint.” Twombly, 550 U.S. at 572 (quoting Swierkiewicz v. Sorema N. A., 534 U.S. 506, 508 n.1

(2002)). A court “do[es] not accept as true conclusory allegations, unwarranted factual inferences, or

legal conclusions.” Plotkin v. IP Axess Inc., 407 F.3d 690, 696 (5th Cir. 2005).

Here, the Court must dismiss Plaintiff’s suit for failure to state a viable claim. Put simply,

Plaintiff fails to allege any “ongoing violation of federal law.” Verizon, 535 U.S. at 645 (2002).

Dismissal is appropriate where a plaintiff generally protests the enforcement of child support orders

against him based on severe mischaracterizations of the law. For example, in Martin v. Taylor

County, the plaintiff sued the Child Support Division of the Taylor County Office of Attorney

General. No. 23-052, 2024 WL 965298, at *4 (N.D. Tex. Mar. 6, 2024). He alleged violations of his

“rights under the Fourth, Fifth, Seventh, Thirteenth and Fourteenth Amendments” and averred that

Defendants’ enforcement of child support orders against him amounted to “executive imprisonment”

and slavery. Id. at *1, *3. The court first explained that “[the plaintiff’s] claims rely on a seriously

flawed understanding of child support laws, other legal doctrines, and unsupported conclusions of

law” such as his incorrect allegations that the Child Support Division was a “private business.” Id. at

*2. Overall, the Court dismissed all the plaintiff’s claims. It dismissed his Fourth Amendment claim

for unlawful seizure as “non-sensical,” explaining that the “agency’s ability to garnish wages to

provide for child support is statutorily supported by Texas law.” Id. at *3. It dismissed his claim for

failure to provide a jury trial, explaining that “the 7th Amendment applies only to proceedings in the

courts of the United States, and does not in any manner whatever govern or regulate trials . . . in state

courts.” Id. (citing Minneapolis & St. Louis R.R. Co. v. Bombolis, 241 U.S. 211, 217 (1916). Finally,

it dismissed his Thirteenth and Fourteenth Amendment claims, explaining that “[c]ourts have

resoundingly rejected attempts to categorize paying child support as slavery.” Id. (citing United

States v. Ballek, 170 F.3d 871, 874-75 (9th Cir. 1999)).

The reasoning of Martin applies to this case. Here, identically, Plaintiff incorrectly

characterizes DCFS as a “business for profit” and fundamentally misconstrues the legal scheme

governing enforcement of child support orders. As in Martin, Louisiana’s ability to enforce child

support orders is “statutorily supported” by state and federal law. See Boudreaux v. Boudreaux,

2015-0536 (La. 10/14/15), 180 So. 3d 1245, 1253 (“By federal mandate, each state is required to

have a program for child support enforcement. . . . Pursuant to this federal mandate, Louisiana

enacted La. R.S. 46:236.1 et seq. to establish a state child support enforcement program.”). Louisiana

law explicitly “authorizes the DCFS to enforce, collect, and distribute the support obligation owed by

any person to his child or children.” La. Stat. Ann. §46:236.1.2. Simply put, Plaintiff’s

foundational challenge against the state’s ability to enforce child support orders is fundamentally

misplaced. As such, Plaintiff’s constitutional claims fail for the same reasons explained by the

Martin court and summarized above.

Further, the specific enforcement actions of which Plaintiff complains are also

affirmatively allowable under the law. First, Plaintiff alleges that Defendant used “threats” and

“coercive collection” practices because she sent “U.S. mail [] threatening to arrest him, and or

suspension of his driver’s license.” R. Doc. 1 at 11. However, Louisiana law explicitly provides

that individuals who fail to pay child support are subject to imprisonment and suspension of their

driver’s licenses. See La. Stat. Ann. § 14:75 (“It shall be unlawful for any obligor to intentionally

fail to pay a support obligation . . . For a first offense, the penalty for failure to pay a legal child

support obligation shall be a fine of not more than five hundred dollars or imprisonment for not

more than six months, or both.”); La. Admin. Code tit. 55, § III-114 (“The Office of Motor

Vehicles will suspend the drivers license of any person that fails to pay child support upon

receipt of a court order or upon notification from the Department of Children and Family

Services.”). Thus, taking as true Plaintiff’s allegation that Defendant mailed him letters advising

of possible arrest or license suspension for non-payment, such correspondence is accurate and

informational rather than “coercive.” Second, Plaintiff also complains that Defendant used his

social security information to locate him. Again, Louisiana law allows DCFS to use automated

systems and data to locate non-paying parents. See La. Stat. Ann. §46:236.10 (providing that

DCFS should create an “automated state case registry of child support orders” and use the

registry to “extract information from, to share and compare information with, and to receive

information from other databases” including “federal parent locator services”). Plaintiff provides

no support for the proposition that Defendant’s use of his data was unlawful.

Although Defendant names a wide variety of alleged legal claims such as Monell

liability, Title VII employment discrimination, collusion, violation of “separation of powers,”

false advertising, and multiple constitutional claims, he simply does not allege any facts which

could support a suit against Defendant. “[T]here are no judicial decisions recognizing a

constitutional right of a man to terminate his duties of support under state law for a child that he

has fathered, no matter how removed he may be emotionally from the child.” Williams v. Att’y

Gen., No. 24-1554, 2025 WL 388476, at *6 (E.D. La. Feb. 4, 2025). Overall, the Court will

dismiss Plaintiff’s suit pursuant to Rule 12(b)(6) for failure to state a claim upon which relief

could be granted. Because the fundamental errors underlying Plaintiff’s suit cannot be solved by

amendment, the Court will dismiss the suit with prejudice. See Martin, 2024 WL 965298, at *2

(“[B]ecause the Court concludes that leave to amend could not remedy the numerous

deficiencies, the Court denies [plaintiff] leave to amend.”).

IV. CONCLUSION

For the foregoing reasons,

IT IS ORDERED that Defendant’s motion to Dismiss, R. Doc. 6, is GRANTED as outlined

above. Plaintiff’s claims for monetary damages are dismissed without prejudice for lack of subject

matter jurisdiction. Plaintiff’s claims for injunctive relief are dismissed with prejudice for failure to

state a claim.

New Orleans, Louisiana on this 19th day of March, 2025.

Eldon E. Fallon =

U.S. District Court 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.