Annette v. Haslam, 3:18-1299
| Decision Date | 27 January 2020 |
| Docket Number | NO. 3:18-1299,3:18-1299 |
| Parties | HOLLIE ANNETTE v. WILLIAM EDWARD HASLAM, et al. |
| Court | U.S. District Court — Middle District of Tennessee |
By Order entered January 11, 2019 (Docket Entry No. 7), this pro se case was referred to the Magistrate Judge for pretrial proceedings under 28 U.S.C. §§ 636(b)(1), Rule 72(b) of the Federal Rules of Civil Procedure, and the Local Rules of Court.
Pending before the Court are numerous motions: (1) motion to dismiss filed by the City of Dickson, Tennessee and Scott Hull (Docket Entry No. 84); (2) motion to dismiss filed by the City of Franklin, Tennessee and Becky Johnson (Docket Entry No. 86); (3) motion to dismiss filed by the City of Lebanon, Tennessee and Nathan Beatty (Docket Entry No. 88); (4) motion to dismiss filed by Benton County, Tennessee and John Whitworth (Docket Entry No. 97); (5) second amended motion to dismiss filed by the State of Tennessee, the Tennessee Department of Children's Services, William Edward Haslam, Jane Bradley, Robbie Beal, Heather Jeffries, Tonya Lyles Reed, and Claudia Bonnyman (hereinafter referred to as "the State Defendants"); (6) motion for declaratory judgment and injunctive relief filed by Hollie Annette (Docket Entry No. 123); (7) notice and request for extraordinary relief filed by Hollie Annette (Docket Entry No. 197); and, (8) motion for extension of time and a temporary restraining order filed by Hollie Annette (Docket Entry No. 204).
For the reasons set out below, the undersigned respectfully recommends that the motions to dismiss be granted, that Plaintiff's three motions for various types of declaratory and injunctive relief be denied, and that this action be dismissed as to all remaining Defendants other than Jason Scott Robbins, against whom the Clerk entered default. See Docket Entry No. 167.
Hollie Annette ("Plaintiff') filed this lawsuit pro se on August 29, 2018, in the United States District Court for the District of Columbia against a total of 25 Defendants. The case was subsequently transferred to this Court. Plaintiff, whose allegations indicate that she lived in Tennessee for some period of time during the relevant events, asserts that she is not currently a resident of any state but receives her mail at a post office box in Erin, North Carolina. See Complaint (Docket Entry No. 1) at ¶ 3. Named as Defendants are: the State of Tennessee; the Tennessee Department of Children's Services ("DCS"); the City of Lebanon; the City of Franklin; the City of Dickson; Benton County, Tennessee; and 19 individuals, the bulk of whom are state and local officials: William Edward Haslam; Jane Bradley; Robbie Beal; Heather Jeffries; Tonya Lyles Reed; Claudia Bonnyman; Judy Robbins Scott; Brenda Pierce; Lester Wayne Pierce; Jason Scott Robbins; Cheryl McAdams; John Whitworth; Scott Hull; Becky Johnson; Nathan Beatty; Charles Barry Tatum; John Gwin; and two "John Doe" individuals.
Although the Court assumes familiarity with the allegations and content of Plaintiff's 68-page complaint in light of the proceedings that have already occurred in the case,1 a brief summary of Plaintiff's lawsuit and allegations is nonetheless included for the purposes of this Report and Recommendation.
Plaintiff states that she brings her lawsuit "for redress of grievances for the theft and holding hostage, without authority, of my sons and daughters and the ongoing and continuous malicious prosecution against me." Id. at ¶ 1. She seeks a declaratory judgment, injunctive relief, and damages for alleged violations of her state and federal constitutional rights and for malicious prosecution. Shespecifically requests orders directing that her three children be immediately returned to her custody and orders that "the State of Tennessee, its agents, and municipalities" cease and desist from taking certain actions against her and against other "men, women, and their offspring." Id. at 60-67. Plaintiff asserts that federal jurisdiction exists pursuant to 28 U.S.C. 1331, 1332, and 1343, id. at 5, § II, and that she has exhausted all available state administrative remedies and has no recourse in the state courts for the wrongdoings about which she complains. Id. at ¶¶ 145-146.
Plaintiff's lawsuit is based on events that began in September 2011 when DCS employees began an investigation regarding the welfare of her children. Plaintiff alleges that during 2011 and 2012, she was the victim of wrongful and illegal activities at the hands of DCS employees Jane Bradley ("Bradley"), Heather Jeffries ("Jeffries'), and Cheryl McAdams ("McAdams") which led to the temporary removal of her son and daughter from Plaintiff's custody in December 2011, their placement with Judy Robbins Scott ("Judy Scott") and Jason Scott Robbins ("Jason Robbins"),2 and, ultimately, their permanent removal from Plaintiff's custody.3 Id. at ¶¶ 27-146. In addition, Plaintiff alleges that she encountered further wrongdoings and illegal activities at the hand of other individuals as a result of the DCS investigation. Among other things, Plaintiff alleges that: (1) she was denied proper judicial and administrative proceedings before Charles Barry Tatum ("Tatum") and John Gwin ("Gwin") in 2012; (2) false criminal charges were lodged against her because of her attempts to regain custody of her children and she was subjected to illegal searches and seizures of her person and property, false arrests, and assaults in 2012 by Franklin Police Department Detective Becky Johnson ("Johnson"), Dickson Police Department Officer Scott Hull ("Hull"), and Lebanon Police Department Officer Nathan Beatty ("Beatty"); and, (3) Robbie Beal ("Beal") had her arrested and involuntarily committed for a mental health examination in 2012. Id.
Plaintiff next recounts a series of events occurring in 2014 that culminated in the removal of another one of her children from her custody. Id. at ¶¶ 147-175 and ¶¶ 208-219. Plaintiff alleges that: (1) she was illegally seized on September 3, 2014, and was interrogated and held in custody for 21 days by two unnamed "John Doe" officers of the Benton County Sheriff's Office; (2) DCS employee Tonya Lyles Reed ("Reed") "stole" her 18 month old son from a local hospital on September 3, 2014, and thereafter filed a petition for temporary custody of the child; (3) Reed, along with foster parents Brenda Pierce and Lester Wayne Pierce, wrongfully and illegally took custody of the child; and, (4) John Whitworth ("Whitworth") signed orders in the fall of 2014 enforcing the removal of her son from her custody and directing that a "delayed birth certificate" be issued for the child. Id.
Plaintiff further alleges that Claudia Bonnyman ("Bonnyman') failed to act as a judicial officer with respect to several legal filings that Plaintiff made in 2016 and 2018, and acted improperly by: (1) denying Plaintiff legal remedies; (2) attempting to collect fees and information from Plaintiff; (3) failing to enforce the law; and, (4) ignoring the criminal activity of state employees. Id. at ¶¶ 192-207.
Plaintiff also alleges that former Tennessee Governor William Edward Haslam was notified by her of the wrongful and illegal acts that she suffered but that he failed to take any actions to remedy the wrongdoings. Id. at ¶¶ 176-184. She contends that the State of Tennessee, DCS, and the City of Franklin, the City of Dickson, the City of Lebanon, and Benton County, Tennessee ("hereinafter referred to collectively as the "Municipal Defendants") are responsible for the acts of their employees because of respondeat superior, because they are the "principles" of the individual defendants, because they failed to ensure that their employees were trained properly, because they rewarded their employees for wrongdoings, and because they received notice of the wrongful actions of their employees but failed to take steps to remedy their wrongdoing. Id. at ¶ ¶ 91-98, 103-108, 113-115, 173-175, and 186-190. She further alleges that the State of Tennessee and DCS havereceived federal funding as a result of her children being "stolen" and have engaged in human trafficking. Id. at ¶¶ 104, 108, 188, and 190.
Subsequent to the transfer of the case to this Court, the filing fee was paid and summons were issued in early 2019. Because extensive preliminary proceedings have occurred, a brief summary of some of the proceedings is included to clarify where the case stands as to the 25 Defendants.
Plaintiff twice moved unsuccessfully for the entry of default against several Defendants. See Denial of Entry of Default entered April 9, 2019 (Docket Entry No. 118), and Denial of Entry of Default entered May 28, 2019 (Docket Entry No. 144). Subsequent motions for the entry of default were also denied except as to Defendant Jason Scott Robbins, against whom the Clerk entered default. See Denial and Entry of Default entered July 18, 2019 (Docket Entry No. 167). On August 15, 2019, the Clerk denied Plaintiff's motion for default judgment against Defendant Jason Scott Robbins. See Docket Entry No. 188. Defendants McAdams, Judy Robbins Scott, Brenda Pierce, Lester Pierce, and the two John Does have not responded to the action and it is unclear whether they have been served with process
Defendants Charles Barry Tatum and John Gwin were dismissed from the case with prejudice upon their joint motion. See September 30, 2019 Opinion. On October 31, 2019, Plaintiff filed a notice of appeal from the order dismissing these two Defendants. See Docket Entry No. 201.
In lieu of answers, the remaining 16 Defendants filed the five pending motions to dismiss. By Orders entered April 11, 2019 (Docket Entry No. 119), and May 28, 2019 (Docket Entry No. 143), the Court rejected Plaintiff's objections that the motions were either untimely or improper responses to her complaint. By Orders entered June 28, 2019 (...
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