ED EX REL. VD v. TUFFARELLI

• Decision Date: 02 March 2010
• Docket Number: No. 08 Civ. 0861(PKC).,08 Civ. 0861(PKC).
• Citation: 692 F. Supp.2d 347
• Parties: E.D., infant, by their parent and natural guardian V.D., A.D., infant, by their parent and natural guardian V.D., Victoria Demtchenko, and Robert Byrd, Plaintiffs, v. Daniel TUFFARELLI, a case worker employed by the New York City Administration for Children's Services, City of New York, Eric Sanford, a supervisor employed by the New York City Administration for Children's Services, and Rodney Jackson, a supervisor employed by the New York City Administration for Children's Services, Defendants.
• Court: U.S. District Court — Southern District of New York

692 F. Supp.2d 347

E.D., infant, by their parent and natural guardian V.D., A.D., infant, by their parent and natural guardian V.D., Victoria Demtchenko, and Robert Byrd, Plaintiffs, v. Daniel TUFFARELLI, a case worker employed by the New York City Administration for Children's Services, City of New York, Eric Sanford, a supervisor employed by the New York City Administration for Children's Services, and Rodney Jackson, a supervisor employed by the New York City Administration for Children's Services, Defendants.

No. 08 Civ. 0861(PKC).

United States District Court, S.D. New York.

March 2, 2010.

Toni Lynn Gantz, New York City Law Department, New York, NY, for Defendants.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge:

In October 2006, the New York City Administration for Children's Services ("ACS") began a child-neglect investigation that resulted in the emergency removal of a ten-year-old autistic boy and his two-year-old brother. The two children, who are plaintiffs A.D. and E.D., along with their mother Victoria Demtchenko and E.D.'s father Robert Byrd, now allege that ACS and its employees deprived them of rights protected by the United States Constitution. They contend that there was no reasonable basis to support the emergency removal of A.D. and E.D., which occurred without judicial authorization or parental consent, and allege violations of the First, Fourth and Fourteenth Amendments. They also bring three state common law claims.

Both sides move for summary judgment. Defendants move to dismiss the federal claims on the grounds that interlocutory rulings of the Family Court bar this action pursuant to the Rooker-Feldman doctrine, and that they are entitled to qualified immunity. Plaintiffs move for partial summary judgment as to their constitutional claims against defendant Daniel Tuffarelli, arguing that Family Court proceedings provide grounds for offensive, non-mutual collateral estoppel on certain issues and entitle them to judgment in their favor. For the reasons explained below, this Court concludes that the Rooker-Feldman doctrine does not bar plaintiffs' claims. However, no reasonable jury could conclude on these facts that any defendant violated any right protected by the Constitution or federal law, and, therefore, summary judgment is granted in favor of all defendants. The Court declines to exercise supplemental jurisdiction over the remaining state law claims.

BACKGROUND

Except where expressly noted, the following facts are either undisputed or taken from the plaintiffs' version of the facts. All reasonable inferences are drawn in favor of the plaintiffs who are, on defendants' motion, the non-movants. See Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A. The Reports of Possible Abuse that Preceded Emergency Removal of E.D. and A.D. on October 27, 2006.

On October 27, 2006, defendant Daniel Tuffarelli, a child protective specialist employed by ACS, received notice of an oral report detailing suspected abuse or maltreatment inflicted upon plaintiff E.D., who was identified as an autistic child 10 years in age. (Def. 56.1 ¶¶ 1, 2; Pl. 56.1 Resp. ¶¶ 1, 2.) According to the oral report, which initially had been received by the New York Statewide Central Register of Child Abuse and Maltreatment, E.D. "sustained some injuries as a result of falling down a flight of stairs." (Def. 56.1 ¶¶ 1, 2; Pl. 56.1 Resp. ¶¶ 1, 2; Gantz Dec. Ex. B.) It proceeded to note:

Mother and father fail to get the child medical instruction as they were instructed to. The child has sustained bruises to his face and can not walk. Parents failure to address the child's medical concerns places him at risk. Role of 2yr old redacted is unknown.

(Def. 56.1 ¶ 2; Pl. 56.1 Resp. ¶ 2; Gantz Dec. Ex. B.) The report originated with a teacher of E.D. at the Brooklyn Blue Feather elementary school, which is a school for autistic children. (Def. 56.1 ¶ 3; Pl. 56.1 Resp. ¶ 3.) Tuffarelli was aware that the initial oral report was filed by E.D.'s teacher. (Def. 56.1 ¶¶ 6-7; Pl. 56.1 Resp. ¶¶ 6-7.)

On October 27, the teacher faxed a second, more detailed report to ACS. (Def. 56.1 ¶ 4; Pl. 56.1 Resp. ¶ 4; Gantz Dec. Ex. D.) According to the report, the teacher telephoned Victoria Demtchenko on October 26 to inquire about E.D.'s absence from school. (Def. 56.1 ¶ 4; Pl. 56.1 Resp. ¶ 4; Gantz Dec. Ex. D.) Demtchenko stated that E.D. "had fallen down a flight of steps," "was unable to walk," "had sustained bruises and scratches to his face," and "fell asleep." (Def. 56.1 ¶ 4; Pl. 56.1 Resp. ¶ 4; Gantz Dec. Ex. D.) According to the report, Demtchenko also told the teacher that E.D.'s "face was blue and that there was no doctor able to attend his injuries," that E.D. "refused to go to school and she would not force him to," and that the teacher "further recommended that Demtchenko seek medical attention for E.D.." (Def. 56.1 ¶ 4; Pl. 56.1 Resp. ¶ 4; Gantz Dec. Ex. D.)

During her deposition in this case, plaintiff Demtchenko testified that she intentionally misrepresented the nature of E.D.'s condition to his teacher. (Pl. 56.1 Resp. ¶¶ 74-76.) According to Demtchenko, the day after E.D. fell down the flight of stairs, he refused to go to school. (Pl. 56.1 Resp. ¶ 74.) Demtchenko telephoned E.D.'s teacher and stated that E.D. could not attend school due to the fall, untruthfully telling the teacher that E.D. was limping. (Pl. 56.1 Resp. ¶ 75.) According to Demtchenko, she exaggerated E.D.'s injuries for fear that ACS would remove E.D. if she truthfully told the teacher that the source of E.D.'s school absence was "another tantrum." ¹ (Pl. 56.1 Resp. ¶ 76.)

B. The October 27 Visit to the Plaintiffs' Apartment by Tuffarelli and a Non-Party ACS Colleague.

Tuffarelli was assigned to the Demtchenko case on Friday, October 27, 2006. (Def. 56.1 ¶ 5; Pl. 56.1 Resp. ¶ 5.) At approximately 6 p.m. on that day, Tuffarelli visited plaintiffs' residence to investigate the report of E.D.'s injuries. (Def. 56.1 ¶ 5; Pl. 56.1 Resp. ¶ 5; Pl. 56.1 ¶ 8.) Prior to his visit, he reviewed a summary of the teacher's oral report, as well as ACS case records from a previous investigation of the Demtchenko family, which took place from approximately July 2006 through September or October 2006. (Def. 56.1 ¶ 6; Pl. 56.1 Resp. ¶ 6.)

On the visit to the plaintiffs' apartment, Tuffarelli was accompanied by La-Toya Baird, an ACS colleague with the job title of "child protective specialist." (Def. 56.1 ¶ 8; Pl. 56.1 Resp. ¶ 8.) All plaintiffs reside in a fifth-floor walk-up apartment on East 49th Street in Manhattan. (Pl. 56.1 Resp. ¶ 57.) On the date of the investigation Demtchenko was on maternity leave from a job teaching special education in New York public schools. (Pl. 56.1 Resp. ¶ 58.) Although plaintiffs dispute the characterization, Tuffarelli and Baird describe the conditions of the home as "deplorable," including "loose wires" and considerable disarray in the kitchen and clutter on the apartment floors.² (Def. 56.1 ¶ 10; Pl. 56.1 Resp. ¶ 10.) Tuffarelli and Baird observed E.D. shirtless and cooking over an open flame, an activity that Ms. Demtchenko asserts was always closely supervised and a favorite pastime for E.D. (Def. 56.1 ¶ 11; Pl. 56.1 Resp. ¶ 11.) Tuffarelli states that E.D. had a cut and a large bruise on his face; in her deposition, Ms. Demtchenko testified that E.D.'s only visible wound was a recent inch-and-a-half scratch on his face. (Def. 56.1 ¶ 12; Pl. 56.1 Resp. ¶ 12.) Tuffarelli and Baird also observed a large knife that appeared to be accessible to E.D. (Def. 56.1 ¶ 10; Pl. 56.1 Resp. ¶ 10.)

Tuffarelli attempted to interview E.D. about his injuries, but E.D.'s verbal skills were limited by autism, making communication between the two impossible. (Def. 56.1 ¶ 13; Pl. 56.1 Resp. ¶ 13.) Tuffarelli and Demtchenko discussed the circumstances involving E.D.'s fall down a sevenstep flight of stairs two days earlier. (Def. 56.1 ¶ 14; Pl. 56.1 Resp. ¶ 14.) During their conversation, Tuffarelli suggested that E.D. receive medical care, to which Ms. Demtchenko responded that she would not seek medical help. (Def. 56.1 ¶ 15; Pl. 56.1 Resp. ¶ 15.) She also confirmed that E.D. had missed several days of school. (Def. 56.1 ¶ 16; Pl. 56.1 Resp. ¶ 16.)

Plaintiff Robert Byrd is the father of E.D. and custodian of A.D. (Pl. 56.1 ¶ 2.) He arrived at the apartment while the visit by Tuffarelli and Baird was already underway. (Def. 56.1 ¶ 18; Pl. 56.1 Resp. ¶ 18.) Tuffarelli asserts that Demtchenko and Byrd were not forthcoming with information, characterizations that plaintiffs dispute. (Def. 56.1 ¶¶ 17, 19; Pl. 56.1 Resp. ¶¶ 17, 19.) According to Demtchenko, she was startled when Tuffarelli and Baird made an unannounced visit to her home, and found Tuffarelli to behave in an unprofessional and demeaning manner. (Pl. 56.1 Resp. ¶ 17.) Byrd characterizes Tuffarelli's demeanor as "macho and bullying," and testified at deposition that the visit devolved into the parties "talking loudly in addition to the kids yelling and it was spinning out of control." (Pl. 56.1 Resp. ¶ 17.) According to Byrd, he then asked Tuffarelli and Baird to depart the premises. (Pl. 56.1 Resp. ¶ 17; Def. 56.1 ¶ 20.)

C. Tuffarelli's Calls to Supervisors and the Removal of E.D. and A.D.

After exiting the apartment on Friday evening, Tuffarelli telephoned defendant Eric Sanford. (Def. 56.1 ¶ 21; Pl. 56.1 Resp. ¶ 21.) Sanford was Tuffarelli's immediate supervisor. (Pl. 56.1 Resp. ¶ 21.) Sanford directed Tuffarelli to contact the police for assistance, and then to call an ACS child protection manager in order to explain the situation. (Def. 56.1 ¶ 21; Pl. 56.1 Resp. ¶ 21.) At this time, Sanford did not believe that there was sufficient evidence to support removal, and instead told Tuffarelli to return to the apartment with police officers in order to continue the investigation. (Pl. 56.1 Resp. ¶ 21.)

Two police officers subsequently...