Brown v. Brown

• Decision Date: 22 June 1982
• Docket Number: Civ. No. F 82-130.
• Citation: 541 F. Supp. 688
• Parties: Lee W. BROWN and Ursel Bartley, on Behalf of Lottie C. Brown, Petitioners, v. Garland R. BROWN and Brenda Ferguson, Respondents.
• Court: U.S. District Court — Northern District of Indiana

541 F. Supp. 688

Lee W. BROWN and Ursel Bartley, on Behalf of Lottie C. Brown, Petitioners, v. Garland R. BROWN and Brenda Ferguson, Respondents.

Civ. No. F 82-130.

United States District Court, N. D. Indiana, Fort Wayne Division.

June 22, 1982.

William E. Harris, Torborg, Miller, Moss & Harris, Jerrald A. Crowell, Bowman & Crowell, Otto Bonahoom, Bonahoom, Chapman, McNellis & Michaels, Fort Wayne, Ind., for petitioners.

Robert J. Parrish, George Kowalczyk and John Kowalczyk, Fort Wayne, Ind., for respondents.

ORDER

LEE, District Judge.

This matter is before the Court on a Petition for Writ of Habeas Corpus pursuant to Title 28 of the United States Code, § 2241 et seq. After a May 4, 1982 pretrial conference, respondents on May 21, 1982 filed a Motion for Summary Judgment. On June 4, 1982 petitioners filed a Brief in Opposition to Summary Judgment and further sought oral arguments, which was followed on June 9, 1982 by respondents' Reply Brief in Support of their Motion for Summary Judgment. Because this Court finds that it lacks jurisdiction in this matter, summary judgment is denied as is the request for oral arguments and this cause is dismissed pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure.

The relevant facts as gleaned from the record and briefs before this Court are as follows.

Factual Background and Procedural Posture

A petition for habeas corpus was filed on April 23, 1982 by Lee W. Brown and Ursel Bartley "on behalf of" Lottie Brown. Lee W. Brown and Ursel Bartley, son and daughter respectively of Lottie Brown, filed this action in an effort to "free" their "ailing eighty-five year old" mother from the "imprisonment" of Apartment 1205, Three Rivers North, Fort Wayne, Indiana. The petition alleges that Lottie Brown is being restrained by another of her sons, Garland Brown, with the assistance of one Brenda Ferguson. Such restraint, the petition alleges, violates Lottie Brown's constitutional rights including, inter alia, her right to travel, her right to associate with individuals of her own choosing and her right to liberty as defined by the United States Constitution. Further, petitioners allege that they have been unable to meet with their mother and, being concerned with her health and well-being, seek habeas relief so that Lottie Brown may appear in this Court and make her desires known.

The record further indicates that litigation amongst this family has been going on for over two years in the Allen Circuit Court, State of Indiana. Portions of the results of the state court proceedings are presently on appeal to the Indiana Court of Appeals. However, it has been pointedly observed by counsel for both parties that the constitutional claims asserted in the habeas petition before this Court have not been raised or addressed in the state court.

Application of Law

As the foregoing factual overview suggests, this Court is presented with an unusual petition for habeas corpus. Initially, it should be noted that there are a multitude of factors presented in the petition which individually counsel against federal jurisdiction and which taken together present an absolute bar to this Court's adjudication of the merits. These factors include the questionable standing of the petitioners; a lack of exhaustion of available state remedies; and the domestic relations nature of the subject matter. Each of these problems will be considered in turn.

Standing

As a basis for standing to submit this habeas petition, petitioners rely upon the language of 28 U.S.C. § 2242. In pertinent part, this section provides that a habeas petition "shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf." 28 U.S.C. § 2242. The body of case law which has developed around this section indicates that "next of friend" status will be available "only when the application or writ establishes some reason or explanation satisfactory to the Court showing: (1) why the person detained did not sign and verify the petition and (2) the relationship and interest of the `next friend.'" Weber v. Garza, 570 F.2d 511, 513 (5th Cir. 1978). Accord Wilson v. Dixon, 256 F.2d 536 (9th Cir. 1958); Collins v. Traeger, 27 F.2d 842 (9th Cir. 1928). The underlying purpose for satisfying the Court of the interest of the petitioners is to prevent the "Great Writ" from being "availed of as a matter of course by intruders or uninvited meddlers, styling themselves `next friends.'" United States ex rel. Bryant v. Houston, 273 F. 915, 917 (2nd Cir. 1921). Thus, "next of friend" petitions may only be filed under certain circumstances including situations where the person detained is unable "to understand the English language or the situation, particularly in the case of aliens, impossibility of access to the person or mental incapacity ..." United States ex rel. Bryant v. Houston, supra, at 918.

As noted at the outset, the present habeas petition has been filed on "behalf of" Lottie Brown by two of her children asserting "next of friend" status. To satisfy the requirement for such status, petitioners allege that their mother is elderly and privately imprisoned and it is their overall concern for her health and well-being which serves as the impetus for seeking her release via habeas corpus. Yet, interestingly enough, the petition is directed against her other son and one might surmise that he too would harbor the same feelings. Even were this assumption unfounded, Mrs. Brown has a duly appointed legal guardian. By report, her guardian, Donald Doxsee, states that he has been in contact with his ward and that she is well cared for and that it is not her desire to see either Lee or Ursel.¹ Taken in total, it appears that the real party in interest in this suit² is Lottie Brown's guardian, Donald Doxsee. However, for purpose of further analysis, this Court will entertain the present petition brought on behalf of Mrs. Brown by her "next of friends" Lee Brown and Ursel Bartley.

Exhaustion of State Remedies

Fatal to the present petition is a lack of exhaustion of state remedies. Counsel for petitioners vigorously assert that there is no need to exhaust any state remedies. The argument rests upon three misconceptions. First, counsel argues that because this is not a suit brought by a state prisoner under 28 U.S.C. § 2254,³ there is no need to exhaust remedies. Second and alternatively, it is asserted that because there is no pending state court matter, this Court need not abstain from deciding the merits of the petition for habeas corpus. Third and finally, counsel asserts that even if exhaustion is deemed a necessary prerequisite to entertaining this petition, the exceptional circumstances which form the nucleus for the writ make it of such character as to avoid the need for exhaustion.

Initially, this Court recognizes that the Supreme Court has not yet specifically addressed the need for exhaustion of state remedies when a petition for habeas corpus is filed on behalf of a private party.⁴ Yet, the underlying concerns for comity, judicial economy and due deference to state proceedings are analogous and suggest the need for exhaustion of state remedies. As succinctly stated by the Sixth Circuit Court of Appeals:

Just as administration of the criminal justice system is recognized to be a matter of considerable local concern, so domestic relations is an area of predominantly local interest. Thus, even if a legitimate constitutional claim is presented, the potential disruption of pending proceedings and the ensuing friction in our federal system provide good reasons for deferring to state proceedings and declining federal jurisdiction.⁵

Huynh Thi Anh v. Levi, 586 F.2d 625 (6th Cir. 1978); see also Doe v. Doe, 660 F.2d 101, 106 n. 5 (4th Cir. 1981); Ruffalo v. Civiletti, 522 F.Supp. 778, 780 (W.D.Mo. 1981). The foregoing quote suggests the need for exhaustion of state remedies in cases like the one presently under review. To allow collateral attacks on pending state proceedings only ensures furtherance of controversy while detracting from the integrity of a dual court system.

In the present context, petitioners have not exhausted their available state remedies. In fact, petitions are presently pending in Cause No. CC-79-1238 in the Allen Circuit Court regarding the visitation rights of petitioners with their mother and a portion of an earlier order is presently being appealed to the Indiana Court of Appeals.

It is urged, however, that even though petitions are presently pending in the state court, these petitions are tangential to the present dispute in that the constitutional claims are being raised in the first instance by the present habeas petition. Because the constitutional issues are being raised de novo in this Court, petitioners argue that any need for exhaustion is inapplicable. This circuitous argument is unfounded and further suggests the need for abstention on the part of this Court.

As a general proposition, abstention by a federal court is appropriate where there is a similar action pending in a state court or if "the plaintiffs had an opportunity to present their federal claims in the state proceedings." Moore v. Sims, 442 U.S. 415, 99 S.Ct. 2371, 2378, 60 L.Ed.2d 994 (1979) (emphasis in original), citing Juidice v. Vail, 430 U.S. 327, 97 S.Ct. 1211, 1218, 51 L.Ed.2d 376 (1977). The opportunity for raising issues in the first instance is readily apparent when there is both a similarity of issues and an adequate remedy available for the litigants. See generally 17 Wright, Miller & Cooper, Federal Practice & Procedure § 4247.

In the present petition, there is no explanation as to the reasons for petitioners' failure to raise the constitutional claim in the state court. Certainly, Indiana courts are competent to address and decide constitutional issues. Moreover, Indiana has a habeas corpus statute⁶ which could, conceivably, provide the relief sought in the...