Opinion

Dominique Plaunt v. Perry County Children and Youth Services, et al.

Court
District Court, M.D. Pennsylvania
Filed
Jan 6, 2026
Cited by
0 cases
Authority
More cited than 38.0%

The opinion

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DOMINIQUE PLAUNT, : CIV. NO. 1:24-CV-00136

:

Plaintiff, :

:

v. : (Magistrate Judge Carlson)

:

PERRY COUNTY CHILDREN AND :

YOUTH SERVICES, et al., :

:

Defendants. :

MEMORANDUM OPINION

I. Statement of Facts and of the Case

This case comes before us for consideration of a motion to alter our prior

judgment dismissing the plaintiff’s amended complaint. (Doc. 47). This litigation

arises from child abuse allegations which resulted in the May 2023 removal of the

pro se plaintiff, Dominique Plaunt’s children from her custody by Perry County

Children and Youth Services (CYS). The undersigned considered Plaunt’s amended

complaint, which she filed after her original complaint with dismissed with narrow

leave to amend as to some of her claims. (Docs. 34, 35). In her amended complaint,

Plaunt alleged that Perry County Children and Youth Services (CYS) and its

director, Kristie Gantt, along with unknown CYS agents and collaborating law

enforcement officers, violated her Fourth and Fourteenth Amendment rights, as well

as state law, by forcibly removing her two minor children from her custody without

a warrant or judicial order and without exigent circumstances justifying such action.

(Doc. 36, ⁋ 10). She claimed the removals were based upon uncorroborated

statements of her children, which were later recanted, and occurred absent any

immediate or verified danger to the children. (Id., ⁋ 12). According to Plaunt, a

verbal order allegedly authorizing emergency custody was issued after the children

were already seized and CYS failed to provide a pre-deprivation hearing and delayed

the post-deprivation hearing for several days. (Id., ⁋⁋ 13-14).

The parties consented to magistrate jurisdiction and this case was reassigned

to the undersigned on June 6, 2025. On August 11, 2025, the defendants filed a

motion to dismiss the plaintiff’s initial complaint. (Doc. 40). Upon consideration,

we agreed that the complaint, even as amended, faltered on several insurmountable

obstacles. Specifically, the defendants attached an undisputedly authentic court

order referencing a verbal order for the removal or the children from Plaunt’s home.

Thus, it was clear that the defendants acted pursuant to court order when they

removed Plaunt’s children briefly from her custody. Moreover, the defendants were

entitled to either absolute immunity, or at least qualified immunity based upon the

court order which supported their actions in removing Plaunt’s children from her

home as well as the evidence upon which the defendants were acting in removing

Plaunt’s children; namely: the now-recanted statements of her own children that they

were being abused. Finally, we found that many of Plaunt’s claims in her amended

complaint would require this Court to either interfere in an ongoing state court matter

or overturn a prior state court order – action which we are cautioned to abstain from

taking. Accordingly, we granted the defendants’ motion to dismiss with prejudice,

since no more artful form of pleading could save the plaintiff’s claims. (Docs. 45,

46).

Plaunt has now invites us to reconsider this ruling. (Doc. 47). However,

despite Plaunt’s disagreement with the Court’s conclusions, the immutable facts

upon which we previously based our decision remain. Thus, we continue to believe

that dismissal of this case is the proper course of action. Accordingly, this motion to

reconsider or alter judgment will be DENIED.

II. Discussion

Plaunt has moved to alter our judgment dismissing this case pursuant to Rule

59 of the Federal Rules of Civil Procedure. The legal standards that govern motions

to reconsider are both clear, and clearly compelling. “The purpose of a motion for

reconsideration is to correct manifest errors of law or fact or to present newly

discovered evidence." Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985).

Therefore, it is well settled that:

[A] judgment may be altered or amended if the party seeking

reconsideration shows at least one of the following grounds: (1) an

intervening change in the controlling law; (2) the availability of new

evidence that was not available when the court granted the motion [to

dismiss]; or (3) the need to correct a clear error of law or fact or to

prevent manifest injustice. See North River Ins. Co. v. CIGNA

Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir.1995).

Max's Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir.

1999). See Howard Hess Dental Laboratories Inc. v. Dentsply Intern., Inc., 602 F.3d

237, 251 (3d Cir. 2010).

Thus, it is well-settled that a mere disagreement with the court does not

translate into the type of clear error of law which justifies reconsideration of a ruling.

Dodge v. Susquehanna Univ., 796 F.Supp. 829, 830 (M.D. Pa. 1992). Furthermore,

"[b]ecause federal courts have a strong interest in the finality of judgments, motions

for reconsideration should be granted sparingly." Continental Casualty Co. v.

Diversified Indus., Inc., 884 F.Supp. 937, 943 (E.D. Pa. 1995). Moreover, it is

evident that a motion for reconsideration is not a tool to re-litigate and reargue issues

which have already been considered and disposed of by the court. Dodge, 796

F.Supp. at 830. Rather, such a motion is appropriate only where the court has

misunderstood a party or where there has been a significant change in law or facts

since the court originally ruled on that issue. See Above the Belt, Inc. v. Mel

Bohannon Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va. 1983).

Applying these exacting legal benchmarks, we note at the outset that Plaunt

has identified no intervening change in the law which calls for reconsideration of

our prior decision dismissing this case. Nor has she cited any new evidence which

was previously unavailable to the Court. Indeed, the plaintiff argues only that the

Court misinterpreted evidence and misapplied the law. This attempt to relitigate her

case is inappropriate on a motion to reconsider since the Court has already

considered and rejected the arguments asserted by Plaunt.

At the outset, the plaintiff argues the Court inappropriately relied upon the

court order granting protective custody of her children and the recanted statements

of her children because she disputes the authenticity of this evidence. As to the

evidence demonstrating CYS official acted upon a court order, we noted in our

motion to dismiss, “documents whose contents are alleged in the complaint and

whose authenticity no party questions, but which are not physically attached to the

pleading, may be considered.” Pryor v. Nat’l Collegiate Athletic Ass’n, 288 F.3d

548, 560 (3d Cir. 2002); see also U.S. Express Lines, Ltd. v. Higgins, 281 F.3d382,

388 (3d Cir. 2002) (holding that “[a]lthough a district court may not consider matters

extraneous to the pleadings, a document integral to or explicitly relied upon in the

complaint may be considered without converting the motion to dismiss in one for

summary judgment”). It appears Plaunt argues the Court misapplied this doctrine

since she disputes the facts asserted in this court order. However, Plaunt does not,

nor can she, dispute the authenticity of the document itself, which is clearly and

undisputedly the verification of the court order granting protective custody of her

children. Thus, this argument is misplaced.

Moreover, to the extent she argues the Court inappropriately relied upon the

recanted statements of her children, Plaunt herself admitted that the CYS workers

were acting on these statements. Nonetheless, we accepted Plaunt’s allegations in

the complaint that these statements were later recanted, but explained that, since our

focus is whether “the information available to the defendants at the time would have

created an objectively reasonable suspicion of abuse justifying the degree of

interference with the [plaintiff’s] rights as [a] parent,” Croft v. Westmoreland Cnty.

Child. & Youth Servs., 103 F.3d 1123, 1126 (3d Cir. 1997), the Third Circuit has

contemplated “cases in which a child services bureau may be justified in removing

either a child or parent from the home, even where later investigation proves no

abuse occurred.” Id. at 1126. Thus, while the plaintiff may not agree with the Court’s

reliance upon these stubborn facts which defeat any claim that the defendants’

actions were unconstitutional, there was no error here.

Plaunt’s remaining arguments are simply bald attempts to relitigate the motion

to dismiss upon which we already ruled by restating portions of her complaint and

the legal authority which she claims supports these allegations. For example, she

argues in a conclusory manner that her amended complaint “states supervisory

liability” against Defendant Gantt, yet, as we explained, “[t]hreadbare recitals of the

elements of a cause of action, supported by mere conclusory statements, do not

suffice” to survive a motion to dismiss. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

Moreover, to state a constitutional tort claim against a supervisory defendant, the

plaintiff must show that the supervisory defendant actively deprived her of a right

secured by the Constitution. Morse v. Lower Merion School Dist., 132 F.3d 902 (3d

Cir. 1997). Since Plaunt simply reasserts the conclusory statement from her

complaint which we appropriately concluded did not meet the standard to impute

personal involvement upon Gantt, we find no error in dismissal of the complaint on

this ground.

Her arguments that the defendants are not entitled to immunity because their

actions were investigative in nature and their constitutional violations were clearly

established, and that the Court misapplied the Rooker-Feldman and Younger

doctrines in our opinion dismissing her claims similarly fail. These arguments,

which are essentially legal conclusions wholly unsupported by any new evidence or

countervailing law, are clear attempts to ask the court to relitigate the matters upon

which we ruled upon in our memorandum opinion. Indeed, the Court has already

concluded that the actions of the defendants, even if not shielded by absolute

immunity, were protected by qualified immunity based upon the existence of the

court order and the evidence upon which the CYS defendants were acting, the now-

recanted statements of her children. Moreover, the plaintiff’s requests that the Court

conclude the actions of CYS were unconstitutional and enjoin them from future

action necessitate our evaluation and invalidation of a state court order in violation

of these doctrines.

In sum, while we do not in any way diminish Ms. Plaunt’s personal sense of

grievance stemming from the removal of her children from her home based upon the

court order, the plaintiff’s motion simply does not demonstrate that there is a need

to correct a clear error of law or fact in order to prevent manifest injustice in this

case.1 Accordingly, she has not met the precise thresholds set by law for a motion to

reconsider, and this motion will be DENIED.

An appropriate order follows.

S/ Martin C. Carlson

Martin C. Carlson

United States Magistrate Judge

Date: January 6, 2026

1 Finally, to the extent that Plaunt is asking us under Rule 60(b) to set aside the

judgment entered by this Court dismissing her complaint, it is entirely unclear what

the legal basis of Plaunt’s Rule 60(b) motion may be although, liberally construed,

it seems that she seeks to re-open this case under the catch-all provision of Rule

60(b), Rule 60(b)(6), which permits relief on “any other reason that justifies relief.”

However, relief under Rule 60(b)(6) requires a showing of “extraordinary

circumstances justifying the reopening of a final judgment,” Arrieta v. Battaglia, 461

F.3d 861, 865 (7th Cir.2006) (citations omitted). Since we conclude dismissal of

Plaunt’s complaint was entirely appropriate, and she has not explained what

extraordinary circumstances would justify relief under Rule 60(b), her motion for

relief under this rule also fails.

.

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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