Jennings v. Abbott
| Decision Date | 11 May 2021 |
| Docket Number | Civil Action No. 3:20-cv-00583-E |
| Citation | 538 F.Supp.3d 682 |
| Parties | Daphney JENNINGS and Deandre Jennings, Plaintiffs, v. Gregory Wayne ABBOTT, in his Official Capacity as Governor of Texas, et al., Defendants. |
| Court | U.S. District Court — Northern District of Texas |
Naval Hemendra Patel, Seth Fuller, Patel Fuller, PLLC, Plano, TX, for Plaintiffs.
Cynthia Oghenovo Akatugba, Office of the Attorney General of Texas, Austin, TX, for Defendants Gregory Wayne Abbott, Warren Kenneth Paxton, Jr., Jaime Masters
AMENDED MEMORANDUM OPINION AND ORDER 1
Before the Court is defendant Amber Davidson's Motion to Dismiss Plaintiffs’ Original Complaint (Doc. 6). Plaintiffs Daphney Jennings and Deandre Jennings did not respond to the motion. Having considered the motion, Davidson's briefing, and applicable law, the Court finds that motion should be granted for the reasons below.
The following is taken from plaintiffs’ Original Complaint (Doc. 1). On or about February 26, 2018, Davidson, an agent of the Texas Department of Family and Protective Services (DFPS), executed an affidavit in support of a petition for the protection of Daphney in state district court.2 The following day, the state court entered an Order for Protection of a Child in an Emergency and Notice of Hearing and an Order for Issuance of a Writ of Attachment, along with the Writ of Attachment, commanding law enforcement to take custody of Daphney. Daphne, who was 16-years-old and six-months pregnant, was placed into foster care. A week later, Daphney and Deandre, her boyfriend and the father of her child, married in Oklahoma. Daphney was returned to foster care on or about March 6, 2018 and, on March 9, 2018, DFPS filed a petition to annul the marriage or, alternatively, to declare it void.3 The court proceedings ultimately were dismissed and plaintiffs’ marriage was found to be valid.
According to the petition, Davidson, as caseworker, was responsible for, "among other things, conducting an investigation in accordance with the laws, procedure, and standard established by DFPS, [the Texas Health and Human Services Commission (HHSC)], and the State of Texas." Further, "the court proceedings were prosecuted or the prosecution of [sic] was supported due to the actions or inactions" of Davidson.
Davidson attached to her motion to dismiss various documents from the state court proceedings (Doc. 6-1). The documents reflect that DFPS learned in late February 2018 that Daphney was pregnant and living with her father in violation of DFPS's prior resolution of a 2016 investigation, which provided for her placement outside the home with a guardian (Id. at 22-23, 25). Davidson investigated the 2018 allegations, and DFPS petitioned for emergency custody of Daphney (Id. at 2-29). The state court found "continuation in the home of [her mother] or [father] would be contrary to [her] welfare" (Id. at 30). Finding no time for a full adversary hearing and "reasonable efforts consistent with the circumstances and providing for the safety of [Daphney] were made to prevent or eliminate the need" for her removal, the court named DFPS her temporary sole managing conservator until a full adversary hearing could be held on March 9, 2018 (Id. at 31, 34, 45-46). DFPS employees, including Davison, and law enforcement officials took custody of Daphney at her school. (Id. at 40-42, 45-46).
Shortly thereafter, Daphney left DFPS custody and was reported as a runaway with local law enforcement (Doc. 6-1 at 44). On March 5, 2018, with the assistance of Daphney's father,4 plaintiffs traveled to Oklahoma to marry (Id. at 42). The same day, the Court Clerk of Choctaw County, Oklahoma, issued plaintiffs a marriage license and a pastor married them (Id. at 48). Daphney's father served as a witness (Id. ). As temporary sole managing conservator, DFPS sought to annul or void the marriage on the grounds that it was performed without a court order as required by law (Id. at 46-47). On May 16, 2018, the state court entered an Agreed Order, which included, among other things, a finding that the marriage was valid and provisions enjoining Daphney's father from unsupervised access to Daphney, and any children of Daphney, until they turned 18 (Id. at 40-42).
Plaintiffs assert claims against Davidson, both individually and as a DFPS agent, and other defendants5 for false imprisonment and interference with the right of familial association under color of state law under 42 U.S.C. § 1983. They also assert state law claims for intentional infliction of emotional distress and false imprisonment. Plaintiffs complain that they were separated, and Daphney remained in foster care and DFPS custody, while defendants failed or refused to recognize plaintiffs’ marriage and litigated for its annulment. Davidson moves to dismiss all of plaintiffs’ claims against her.
A district court properly dismisses a claim for lack of subject matter jurisdiction under Federal Rule of Civil Procedure Rule 12(b)(1) if the court "lacks the statutory or constitutional power to adjudicate the claim." In re FEMA Trailer Formaldehyde Prods. Liab. Litig. (Miss. Plaintiffs) , 668 F.3d 281, 286 (5th Cir. 2012) (citation omitted). A court may dismiss for lack of subject-matter jurisdiction based on: "(1) the complaint alone; (2) the complaint supplemented by undisputed facts in the record; or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts." Clark v. Tarrant County , 798 F.2d 736, 741 (5th Cir. 1986).
Under Federal Rule of Civil Procedure 8(a)(2), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." FED. R. CIV. P. 8(a)(2). Rule 12(b)(6) authorizes a court to dismiss a plaintiff's complaint for "failure to state a claim upon which relief can be granted." Id. 12(b)(6). In considering a Rule 12(b)(6) motion to dismiss, "[t]he court accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff." In re Katrina Canal Breaches Litig. , 495 F.3d 191, 205 (5th Cir. 2007) (citations omitted). "The court's review is limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint." Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC , 594 F.3d 383, 387 (5th Cir. 2010) (citation omitted).
To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). "The plausibility standard ... asks for more than a sheer possibility that a defendant has acted unlawfully." Id. Thus, a claim "is implausible on its face when ‘the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct.’ " Harold H. Huggins Realty, Inc. v. FNC, Inc. , 634 F.3d 787, 796 (5th Cir. 2011) (quoting Iqbal , 556 U.S. at 679, 129 S.Ct. 1937 ); see also Inclusive Communities Project, Inc. v. Lincoln Prop. Co. , 920 F.3d 890, 899 (5th Cir. 2019).
Davidson first contends plaintiffs lack standing to pursue this action against her.
Specifically, Davidson asserts there is an absence of allegations that she engaged in any conduct that violated the law. Further, "it is clear that the plaintiffs’ alleged injuries were caused by the state court's orders and writ of attachment," and plaintiffs did not allege that either were unlawful.
The Court has no subject-matter jurisdiction over a case when a plaintiff lacks Article III standing. Crane v. Johnson , 783 F.3d 244, 251, 255 (5th Cir. 2015). A party invoking federal jurisdiction bears the burden of proof to establish standing, which consists of three elements: (1) the plaintiff must have suffered an "injury-in-fact," which is "an invasion of a legally protected interest" that is "concrete and particularized" and "actual or imminent"; (2) a causal connection between the injury and the conduct complained of; and (3) a likelihood the plaintiff's injury will be redressed by a favorable judicial decision. Id. at 251–52. "At the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice, for on a motion to dismiss we presum[e] that general allegations embrace those specific facts that are necessary to support the claim." Lujan v. Defs. Of Wildlife , 504 U.S. 555, 560–61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (internal quotations marks and citation omitted).
Here, plaintiffs have sufficiently stated a concrete and particularized injury by alleging that they were separated and Daphney remained in foster care for a time following their marriage in violation of their constitutional rights and Texas law. Second, plaintiffs allege the injury is attributable to Davidson's conduct in investigating and "supporting" the court proceedings. Therefore, there is some causal connection alleged between the complained-of conduct and the injury. Third, plaintiffs seek redress through payment of monetary damages pursuant to 42 U.S.C. § 1983 and Texas law.
To be sure, the factual support for plaintiffs’ claims against Davidson is, at best, scant. The Court, however, finds that Davidson's argument is better suited to a Rule 12(b)(6) motion. See, e.g., Foley v. Texas Dep't of Family & Protective Servs. , No. 1:12-CV-270, 2012 WL 6803598, at *5–6 (E.D. Tex. Nov. 14, 2012), report & recommendation adopted , 2013 WL 84852 (E.D. Tex. Jan. 7, 2013). Accordingly, the Court finds plaintiffs have standing to seek damages relief, if such relief is actually available and provable in fact.
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