Andrews v. Heaton

• Citation: 483 F.3d 1070
• Decision Date: 23 April 2007
• Docket Number: No. 06-6215.,No. 06-6279.,No. 06-6253.,06-6215.,06-6253.,06-6279.
• Parties: Eddie L. ANDREWS, an individual, Plaintiff-Appellant, v. Joe HEATON, an individual; John C. Porfilio, an individual; Paul J. Kelly, an individual; Carlos F. Lucero, an individual; Terrence L. O'Brien, an individual; Timothy Tymkovich, an individual; Wade Brorby, an individual; Elisabeth A. Shumaker, an individual; D. Wayne Lee, an individual; Janet Wright, an individual; Joseph W. Harris, an individual; Travis White, an individual; Angela Tarron, an individual; David L. Russell, an individual; Melanie Lesley, an individual; Robin Cauthron, an individual; Joseph Strealy, an individual; Timothy D. Leonard, an individual; Vicki Miles-Lagrange, an individual; Stephen P. Friot, an individual; Ralph G. Thompson, an individual; Lee R. West, an individual; Doyle W. Argo, an individual; Bana Roberts, an individual; Gary M. Purcell, an individual; Valerie K. Couch, an individual; Robert E. Bacharach, an individual; Ronald L. Howland, an individual; Shon T. Erwin, an individual; Robert D. Dennis, an individual; Lisa Bolds, an individual; Patrick J. Fisher, Jr., an individual; Debra Struck, an individual; Deanell Reece Tacha, an individual; William J. Holloway, Jr., an individual; Robert H. McWilliams, an individual; Monroe G. McKay, an individual; Stephanie K. Seymour, an individual; Stephen H. Anderson, an individual; Bobby R. Baldock, an individual; David M. Ebel, an individual; Robert H. Henry, an individual; Mary Beck Briscoe, an individual; Michael R. Murphy, an individual; Harris L Hartz, an individual; Michael W. McConnell, an individual; Drew Edmondson, an individual; Martha R. Kulmacz, an individual; Howard H. Hendrick, an individual; Richard W. Freeman, Jr., an individual; Charles L. Waters, an individual; Nancy Vonbargen, an individual; Doug Hought, an individual; Gale F. Smith, an individual; Thomas M. Bartheld, an individual; Danny R. Deaver, an individual; Winford Mike Warren, an individual; Kalyn C. Free, an individual; Chris Wilson, an individual; Cheryl Cerda, an individual; Chuck Courts, an individual; Eric Yarbourough, an individual; Rita Peloquin, an individual; Laura Torbett, an individual; Kevin Openhouse, an individual; James Phyllier, an individual; David Cummins, an individual; Glen Dresback, an individual; Tom Pixton, an individual; Faye Smart, an individual; Carolyn Hathcoat, an individual; Celo Harrel, an individual; John Wampler, an individual; Stephen Brooks, an individual; Jaqueline Duncan, an individual; Phyllis Denney, an individual; Pat Versteeg, an individual; Douglas E. Cressler, an individual; L. Bally, an individual; Rhonda Reynolds, an individual; Shawna Fahrenthold, an individual; Denise Gerhold, an individual; Jerry L. Andrews, an individual; Tracii Andrews, an individual; Paulette Schultz, an individual; Dan Devers, an individual; and Gail Smith, an individual, Defendants-Appellees.
• Court: United States Courts of Appeals. United States Court of Appeals (10th Circuit)

483 F.3d 1070

Eddie L. ANDREWS, an individual, Plaintiff-Appellant, v. Joe HEATON, an individual; John C. Porfilio, an individual; Paul J. Kelly, an individual; Carlos F. Lucero, an individual; Terrence L. O'Brien, an individual; Timothy Tymkovich, an individual; Wade Brorby, an individual; Elisabeth A. Shumaker, an individual; D. Wayne Lee, an individual; Janet Wright, an individual; Joseph W. Harris, an individual; Travis White, an individual; Angela Tarron, an individual; David L. Russell, an individual; Melanie Lesley, an individual; Robin Cauthron, an individual; Joseph Strealy, an individual; Timothy D. Leonard, an individual; Vicki Miles-Lagrange, an individual; Stephen P. Friot, an individual; Ralph G. Thompson, an individual; Lee R. West, an individual; Doyle W. Argo, an individual; Bana Roberts, an individual; Gary M. Purcell, an individual; Valerie K. Couch, an individual; Robert E. Bacharach, an individual; Ronald L. Howland, an individual; Shon T. Erwin, an individual; Robert D. Dennis, an individual; Lisa Bolds, an individual; Patrick J. Fisher, Jr., an individual; Debra Struck, an individual; Deanell Reece Tacha, an individual; William J. Holloway, Jr., an individual; Robert H. McWilliams, an individual; Monroe G. McKay, an individual; Stephanie K. Seymour, an

individual; Stephen H. Anderson, an individual; Bobby R. Baldock, an individual; David M. Ebel, an individual; Robert H. Henry, an individual; Mary Beck Briscoe, an individual; Michael R. Murphy, an individual; Harris L Hartz, an individual; Michael W. McConnell, an individual; Drew Edmondson, an individual; Martha R. Kulmacz, an individual; Howard H. Hendrick, an individual; Richard W. Freeman, Jr., an individual; Charles L. Waters, an individual; Nancy Vonbargen, an individual; Doug Hought, an individual; Gale F. Smith, an individual; Thomas M. Bartheld, an individual; Danny R. Deaver, an individual; Winford Mike Warren, an individual; Kalyn C. Free, an individual; Chris Wilson, an individual; Cheryl Cerda, an individual; Chuck Courts, an individual; Eric Yarbourough, an individual; Rita Peloquin, an individual; Laura Torbett, an individual; Kevin Openhouse, an individual; James Phyllier, an individual; David Cummins, an individual; Glen Dresback, an individual; Tom Pixton, an individual; Faye Smart, an individual; Carolyn Hathcoat, an individual; Celo Harrel, an individual; John Wampler, an individual; Stephen Brooks, an individual; Jaqueline Duncan, an individual; Phyllis Denney, an individual; Pat Versteeg, an individual; Douglas E. Cressler, an individual; L. Bally, an individual; Rhonda Reynolds, an individual; Shawna Fahrenthold, an individual; Denise Gerhold, an individual; Jerry L. Andrews, an individual; Tracii Andrews, an individual; Paulette Schultz, an individual; Dan Devers, an individual; and Gail Smith, an individual, Defendants-Appellees.

No. 06-6215.

No. 06-6253.

No. 06-6279.

United States Court of Appeals, Tenth Circuit.

April 23, 2007.

Submitted on the briefs.^*

Eddie L. Andrews, Pro Se.

Linda Soper, Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK; Martha R. Kulmacz, Assistant Attorney General, Office of Attorney General, Oklahoma City, OK; Deborah J. Groom, Assistant United States Attorney, Fort Smith, AR; Joseph W. Harris, Tulsa OK; Richard W. Freeman, Assistant General Counsel, Department of Human Services, Oklahoma City, OK; John M. Wampler, District Attorney, Greer County, Mangum, OK; Patrick O'Hara, Jr., and Brian L. Cramer, Whitten, Nelson, McGuire, Terry & Roselius, Oklahoma City, OK; and Glen L. Dresback, Altus, OK, for Defendants-Appellees.

Before GORSUCH, and HOLMES, Circuit Judges, and KRIEGER, District Judge.^**

GORSUCH, Circuit Judge.

This case involves three appeals and an array of appellate motions filed by Eddie L. Andrews arising from two federal lawsuits he brought seeking to compel federal judges to enjoin state court proceedings and obtain damages from them. A prior suit filed by Mr. Andrews regarding the same subject matter resulted in an additional two appeals before this court. As with that first lawsuit, we now conclude that Mr. Andrews's second and third lawsuits are without merit and were properly dismissed by the district court. Mr. Andrews's complaints currently before us suffer from several fatal defects; among other things, they seek to assert claims against defendants entitled to absolute judicial immunity, fail to meet the heightened pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure, and seek to enforce criminal statutes through a civil action. Because of the vexatious nature of Mr. Andrews's filings, the district court imposed restrictions on Mr. Andrews's ability to pursue additional pro se filings in the Western District of Oklahoma. We modify these restrictions, limiting them in scope to filings related to the subject matter of Mr. Andrews's three related federal lawsuits, but we also extend them to preclude Mr. Andrews from filing additional appeals in these or future related cases.

I

Although it is difficult to discern from the record, these appeals appear to have their origin in a 2001 decision by the Oklahoma Department of Human Services ("DHS") to investigate complaints regarding various children in Mr. Andrews's care, at least one of whom appears to have been his daughter. DHS ultimately decided that the children should be placed in protective custody and then foster care, and that Mr. Andrews should be denied custody and visitation rights to his daughter (and potentially the other children as well). It appears that Mr. Andrews sought to regain custody through some sort of state court proceeding but grew frustrated and eventually sought recourse in federal court.¹

Mr. Andrews's first federal case in the Western District of Oklahoma, CIV-05-110, named various family members and three DHS agents as defendants; alleged a criminal conspiracy and violation of his procedural due process rights; and sought to enjoin undefined state court proceedings which, as best the district court could discern, appear to have involved a non-party to the lawsuit. Federal district court Judge Joe Heaton dismissed Mr. Andrews's claims, holding that most of the allegations fell outside the relevant statute of limitations and that a federal court had neither the authority to enjoin the proceedings of an independent sovereign judicial system under the circumstances nor the authority to enjoin parties Mr. Andrews had not named as defendants. Mr. Andrews's case resulted in two appeals to this court (filed on the same date), which were resolved together and affirmed the district court's dismissal of his case.

Mr. Andrews then filed his second federal lawsuit in the Western District of Oklahoma, CIV-06-510, naming some 21 defendants, including all of the federal district and appellate judges who had issued orders adverse to him, members of their staffs, and "John and Jane Does 1 through 199." This lawsuit alleged, among other things, that the named defendants had entered into a criminal conspiracy to deprive Mr. Andrews of his rights and defraud the United States in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, et seq.

The claims against the federal judges and court employee defendants were dismissed sua sponte² by Judge David L. Russell on May 17, 2006, because, the court held, these defendants were entitled to absolute judicial immunity for the alleged conduct in the complaint. Regarding the claims against the other defendants, Judge Russell held that the claims for violations of criminal statutes were not enforceable in a private civil action, the (generously read) civil RICO claims failed to comply with the heightened pleading requirements of Rule 9(b), and there were no allegations regarding any acts by the John and Jane Doe defendants. Judge Russell instructed Mr. Andrews that if he wished to proceed with his lawsuit he should file an amended complaint within 20 days. Mr. Andrews did not do so.

Instead, on May 30, 2006, Mr. Andrews filed a motion to vacate Judge Russell's order, which was denied on June 12, 2006. Undeterred, four days later Mr. Andrews appealed Judge Russell's ruling and filed a third federal lawsuit in the Western District of Oklahoma, CIV-06-652. This third suit listed more than 80 defendants, including all of the then-sitting judges of the Tenth Circuit Court of Appeals, all of the judges and magistrates in the Western District of Oklahoma, a great many members of judicial staff, together with several private attorneys.³

Similar to his first two complaints, Mr. Andrews's third complaint alleged a vague yet vast criminal conspiracy. Given that every local judge was named as a defendant, the case was assigned to Judge William F. Downes, a federal judge from the District of Wyoming. Judge Downes dismissed all of Mr. Andrews's remaining claims because, the court held, Mr. Andrews was (again) impermissibly attempting to enforce criminal statutes through a private civil action.⁴ In addition, Judge Downes established procedures for Mr. Andrews to obtain permission from the court before initiating any additional pro se lawsuits in the Western District of Oklahoma. Finally, Judge Downes cautioned Mr. Andrews about bringing another round of frivolous appeals to this court.⁵ Mr. Andrews, however, promptly appealed.

All told, Mr. Andrews has brought a total of five appeals in three federal lawsuits, three of which relate to his second and third lawsuits at issue here. Although it is often difficult to discern from his pleadings, Mr. Andrews appears, at the very least, to contest before us Judge Russell's dismissal of his second complaint; Judge Downes's order dismissing the third complaint; and our orders of August 7, 2006, and August 18, 2006, abating Mr. Andrews's appeals of Judge Russell's and Judge Downes's dismissal orders while his motion to reconsider Judge...