Dubay v. Wells

• Citation: 506 F.3d 422
• Decision Date: 06 November 2007
• Docket Number: No. 06-2107.,06-2107.
• Parties: Matthew DUBAY, Plaintiff-Appellant, v. Lauren WELLS, an individual, Saginaw County Prosecuting Attorney's Office, by and through Michael D. Thomas, Prosecutor, Defendants-Appellees, Michael A. Cox, Attorney General for the State of Michigan, Intervenor-Defendant-Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (6th Circuit)

506 F.3d 422

Matthew DUBAY, Plaintiff-Appellant, v. Lauren WELLS, an individual, Saginaw County Prosecuting Attorney's Office, by and through Michael D. Thomas, Prosecutor, Defendants-Appellees, Michael A. Cox, Attorney General for the State of Michigan, Intervenor-Defendant-Appellee.

No. 06-2107.

United States Court of Appeals, Sixth Circuit.

Argued: September 10, 2007.

Decided and Filed: November 6, 2007.

ARGUED: Thomas J. Plachta, Plachta Law Offices, Mt. Pleasant, Michigan, for Appellant. Christina M. Grossi, Gilbert, Smith & Borrello, Saginaw, Michigan, Joel D. McGormley, Michigan Department of Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Thomas J. Plachta, Plachta Law Offices, Mt. Pleasant, Michigan, for Appellant. Christina M. Grossi, L. William Smith, Gilbert, Smith & Borrello, Saginaw, Michigan, Joel D. McGormley, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.

Before CLAY and GIBBONS, Circuit Judges; HOOD, District Judge.^*

OPINION

CLAY, Circuit Judge.

Plaintiff Matthew Dubay ("Dubay") appeals from the district court's dismissal of his case pursuant to Federal Rule of Civil Procedure 12(b)(6), and its award of attorney fees to Defendants Lauren Wells ("Wells"), Saginaw County Prosecuting Attorney's Office (the "County"), and Intervenor-Defendant Michael A. Cox, Attorney General of the State of Michigan ("Attorney General"). After Wells told Dubay she was infertile and using birth control, she became pregnant with Dubay's child, had the baby, and sued for child support. A Michigan court awarded child support and Dubay brought this action challenging the constitutionality of the Michigan Paternity Act, Mich. Comp. Laws § 722.711 et seq. (2002), and related statutes under the Equal Protection Clause of the Fourteenth Amendment.

For the reasons that follow, we AFFIRM the judgment of the district court.

I. BACKGROUND

This case is before us on an appeal from a dismissal for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In reviewing such a dismissal, we "must accept all well-pleaded factual allegations of the complaint as true and construe the complaint in the light most favorable to the plaintiff." Inge v. Rock Financial Corp., 281 F.3d 613, 619 (6th Cir.2002) (citing Turker v. Ohio Dept. of Rehab. & Corr., 157 F.3d 453, 456 (6th Cir.1998)). In the instant case, the facts alleged in Dubay's amended complaint are not in dispute.

In the fall of 2004, Dubay and Wells became involved in a romantic relationship. At that time, Dubay informed Wells that he had no interest in becoming a father. In response, Wells told Dubay that she was infertile and that, as an extra layer of protection, she was using contraception. Dubay, in reliance on these assurances, participated in a consensual sexual relationship with Wells.

The parties' relationship later deteriorated. Shortly thereafter, and much to Dubay's surprise, Wells informed Dubay that she was pregnant, allegedly with Dubay's child. Wells chose to carry the child to term and the child, EGW, was born on an unspecified date in 2005. During the pregnancy and birth of the child, Dubay was consistently clear about his desire not to be a father.

A few weeks after EGW's birth, the County brought a paternity complaint against Dubay in the Saginaw County Circuit Court under the Michigan Paternity Act. Wells and the County sought a judgment of filiation, child support, reimbursement for delivery of the child, and other statutory and equitable relief. Dubay requested a stay so that the constitutional issues presented by the litigation could be resolved, but the trial court denied that request. Dubay thereafter brought this action against Wells and the County in federal district court, seeking relief under 42 U.S.C. § 1983.

In his amended complaint, filed on March 29, 2006, Dubay alleged that the application of the Michigan Paternity Act to his case violated the Equal Protection Clause of the Fourteenth Amendment, as well as Article 1, Section 2 of the Michigan Constitution, which loosely parallels the Equal Protection Clause. Dubay also requested costs and attorney fees under 42 U.S.C. § 1988. The County's answer asked the district court to dismiss Dubay's complaint and requested attorney fees pursuant to § 1988.

On April 19, 2006, the Attorney General moved to intervene. The Attorney General also filed a motion to dismiss Dubay's complaint. On April 27, 2006, the district court granted the Attorney General's motion to intervene.

On June 20, 2006, the parties presented the district court with a stipulation to dismiss Wells from the case. The district judge, however, rejected the stipulation, concluding that Wells was a necessary party to the action under Federal Rule of Civil Procedure 19.

The parties argued the motion to dismiss before the district court on June 28, 2006. On July 17, 2006, the court issued an opinion and order dismissing Dubay's complaint with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). Dubay v. Wells, 442 F.Supp.2d 404, 416 (E.D.Mich.2006). The district judge also concluded that the Attorney General was entitled to attorney fees. Id. at 416.

Following the entry of this order, Wells and the County moved for attorney fees on July 20, 2006. The Attorney General also formally moved for attorney fees on July 27, 2006. On August 15, 2006, Dubay filed a timely notice of appeal. On September 13, 2006, the district court granted the County's motion for attorney fees in full and Wells' and the Attorney General's motions in part.

On appeal, Dubay challenges (1) the district court's dismissal of his § 1983 claim under Rule 12(b)(6), and (2) the district court's award of § 1988 attorney fees to Defendants. In addition to disputing these arguments as groundless, Defendants have also filed a motion requesting us to award them costs and attorney fees for this appeal pursuant to Federal Rule of Appellate Procedure 38.

II. DISCUSSION

A. THE MICHIGAN PATERNITY ACT DOES NOT VIOLATE DUBAY'S RIGHT TO EQUAL PROTECTION

1. Standard of Review

We review de novo the district court's grant of a defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Directv, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir.2007). The motion should not be granted "unless it appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief." Ricco v. Potter, 377 F.3d 599, 602 (6th Cir.2004) (internal quotation and citation omitted). In analyzing the complaint, all the factual allegations must be viewed in the light most favorable to the plaintiff and the plaintiff must receive the benefit of all reasonable inferences from the facts in the complaint. Evans-Marshall v. Bd. of Educ. of Tipp City Exempted Village Sch. Dist., 428 F.3d 223, 228 (6th Cir.2005). We do not apply a heightened pleading standard for claims arising under 42 U.S.C. § 1983. Id.

2. Analysis

Dubay seeks relief under 42 U.S.C. § 1983, which provides a remedy against "[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution." In support of his § 1983 claim, Dubay alleges that the Michigan Paternity Act violates the Equal Protection Clause of the Fourteenth Amendment,¹ which guarantees that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws." U.S. Const. amend. XIV, § 1.

Though Dubay does not specify which sections of the Michigan Paternity Act he challenges, a review of the statute reveals two primary contenders. First, § 2 establishes the duty of unmarried parents to support their children. This section states, in relevant part, that "[t]he parents of a child born out of wedlock are liable for the necessary support and education of the child." Mich. Comp. Laws § 722.712(1). Second, § 7 requires the court to "enter an order of filiation declaring paternity and providing for the support of the child" if the court determines that the defendant is the father of the child, if the defendant acknowledges paternity, or if the defendant has a default judgment entered against him on the issue. Mich. Comp. Laws § 722.717(1). The statute directs the court to "specify the sum to be paid weekly or otherwise" in the order of filiation. Mich. Comp. Laws § 722.717(2). The amount of support is determined according to a formula established by the state friend of the court bureau, but can be modified by the court upon a showing that the amount calculated by the formula would be "unjust or inappropriate." Mich. Comp. Laws §§ 722.717(2), 552.605. A defendant who fails to comply with an order to pay child support faces serious consequences, including wage garnishment, suspension of drivers or professional licenses, or jail. See generally Michigan Support and Parenting Time Enforcement Act, Mich. Comp. Laws §§ 552.601-552.650 (2002).

Dubay argues that the enforcement of the Michigan Paternity Act against him denies him the equal protection of the law in two ways.² First and foremost, Dubay argues that the Michigan statutes deny him the equal protection of the law by affording mothers a right to disclaim parenthood after engaging in consensual sex (i.e., through abortion) while denying that right to fathers. Second, Dubay contends that Michigan law denies men equal protection by making it easier for a woman to place a child in adoption or drop the newborn off at a hospital or other social service agency. An examination of these claims under our equal protection jurisprudence, however, reveals that they lack merit.

The Equal Protection Clause of the Fourteenth Amendment "is essentially a direction that all persons similarly situated should be treated alike." City of Cleburne v....