Landstrom v. Illinois Dept. of Children and Family Services
| Decision Date | 09 January 1990 |
| Docket Number | No. 88-3206,88-3206 |
| Parties | 58 Ed. Law Rep. 31 Paul LANDSTROM and Jane Jensen, individually and as parents and natural guardians of Ashley Landstrom and Lara Landstrom, Plaintiffs-Appellants, v. ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES; David Harris; Maggie Gruber; Marie Plozay; Mary O'Boyle; Lorenz Petersen and Barrington School District 220, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Dennis Carlson (argued), Chicago, Ill., for plaintiffs-appellants.
Jennifer A. Keller, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Civil Appeals Div., Chicago, Ill., for defendants-appellees Illinois Dept. of Children and Family Services, and Dave Harris.
Edward M. Kay (argued), James O. Nolan, James T. Ferrini, Katherine G. Hill, Jeanette M. Bourey, Clausen, Miller, Gorman, Caffrey & Witous, John W. Norris, Byrdges, Riseborough, Morris, Franke & Miller, Chicago, Ill., for defendants-appellees.
Before BAUER, Chief Judge, and WOOD, Jr., and FLAUM, Circuit Judges.
Plaintiffs, two grammar school students and their parents, brought suit under 42 U.S.C. § 1983 claiming that their first, fourth and fourteenth amendment rights were violated by various state and local school employees and entities during a child abuse investigation. Plaintiffs also asserted several pendent state law claims. After giving plaintiffs repeated opportunities to formulate and reformulate their arguments, the district court dismissed the plaintiffs' claims against the individual defendants under Fed.R.Civ.P. 12(b)(6), primarily on the ground that these defendants are entitled to qualified immunity. Landstrom v. Illinois Department of Children and Family Services, 699 F.Supp. 1270 (N.D.Ill.1988). Finding no just reason for delay, the district court entered final judgment as to these defendants pursuant to Fed.R.Civ.P. 54(b). Id. at 1283. 1 Plaintiffs appeal from the dismissal of these defendants and claims. For the reasons discussed below, we affirm.
Because this is an appeal of a granted motion to dismiss, we accept as true plaintiffs' well-pleaded allegations and view them, along with the reasonable inferences to be drawn from them, in the light most favorable to plaintiffs. See Doe v. St. Joseph's Hospital, 788 F.2d 411, 414 (7th Cir.1986). Thus, the facts recounted here are those contained in the plaintiffs' fifth amended complaint and other pleadings, at least to the extent that we can parse plaintiffs' abstruse submissions.
Ashley and Lara Landstrom, both minor children, are students at Hough Street Grammar School in Barrington School District 220 ("District 220"), Cook County, Illinois. On March 17, 1987, Maggie Gruber, Ashley's first grade teacher, removed Ashley from her classroom because of a complaint by Ashley of "soreness ... in her anatomy in her rear end." Gruber took Ashley to another room within the school, wherein assembled school psychologist Lorenz Petersen, school nurse Mary O'Boyle, principal Marie Plozay, and, perhaps, Illinois Department of Children and Family Services ("IDCFS") social worker David O. Harris. 2 These individuals then conducted a verbal and physical examination of Ashley. In the course of this examination, Gruber held Ashley in her lap, and O'Boyle directed the child to remove her dress. Nurse O'Boyle then removed Ashley's underpants and examined the complained-of area.
The following day, Ashley's father Paul Landstrom informed principal Plozay that he disapproved of Ashley's treatment and he instructed Plozay not to allow similar conduct in the future. On March 19, 1987, Plozay removed Lara Landstrom, Ashley's older sister, from her classroom to question her. Plozay, Petersen and/or Harris and O'Boyle questioned Lara concerning her sister's complaint of soreness and her parents' conduct, but did not physically examine her in any way.
Some time thereafter, Harris contacted Paul Landstrom and his wife, Jane Jensen, who is also Ashley and Lara's mother. Harris insisted that Landstrom and Jensen ("Parents") and the children meet with him for further inquiry concerning possible parental child abuse. Parents allowed that any further questioning of the children could only be conducted in the presence of both of them and their attorney. Despite this conversation, Harris telephoned Parents' attorney on April 7, 1987, to inform him that he would be questioning the Landstrom children at the school that day with or without Parents or their attorney. Parents' attorney objected, but Harris nonetheless went to Hough Street Grammar School where he, Plozay and O'Boyle removed Ashley from her classroom. In the absence of Parents or their attorney, these individuals then questioned Ashley again about the suspected child abuse. During this April 7th questioning, which lasted thirty minutes to an hour, Plozay physically held Ashley and ignored Ashley's pleas to see her mother. No physical examination of Ashley was undertaken at that meeting.
Parents, as guardians of Ashley and Lara, first brought suit in April, 1987. Over the course of the following year, plaintiffs were given five additional opportunities to state their claims, culminating with their fifth amended complaint, the filing at issue in this appeal. A brief review of this tortured procedural history is instructive as to the context and disposition of the claims contained in the fifth amended complaint.
In May, 1987, after their initial complaint was struck, plaintiffs submitted an amended complaint. Defendants filed motions to dismiss this first amended complaint, which the district court granted in a detailed memorandum opinion and order on September 16, 1987. Judge Shadur afforded plaintiffs an opportunity to file anew and replead their claims "to eliminate their many flaws." When plaintiffs failed to file a second amended complaint before the deadline imposed by the court, the action was dismissed in its entirety. The following day, plaintiffs filed a "motion to reconsider" the dismissal of their first amended complaint. Judge Shadur generously viewed this motion as a timely pre-judgment motion which became an effective Fed.R.Civ.P. 59(e) motion upon entry of the dismissal order. He then denied the "extraordinarily diffuse" motion in an order dated October 23, 1987, but nonetheless vacated the dismissal of the entire action and granted plaintiffs additional time to file a second amended complaint.
Plaintiffs did indeed file a second amended complaint, followed one month later by a third amended complaint. Each time, Judge Shadur allowed plaintiffs to attempt to recast their arguments despite untimely and incomplete filings. 3 Defendants responded with motions to dismiss the third amended complaint, which were granted on March 3, 1988. Again, Judge Shadur gave plaintiffs another chance to reformulate their arguments. After seeking and receiving a further extension of time, plaintiffs took advantage of this opportunity and filed a fourth amended complaint, which they immediately sought to withdraw. Judge Shadur allowed the withdrawal and in the same order, granted plaintiffs leave to file still a fifth amended complaint by May 2, 1988.
On May 6, four days past the deadline, plaintiffs moved for and were granted leave to file their fifth amended complaint instanter. In their fifth amended complaint Parents bring suit, both on behalf of their children and themselves individually, against David O. Harris (the IDCFS social worker), Maggie Gruber (Ashley's teacher), Marie Plozay (the school principal), Mary O'Boyle (the school nurse), and Lorenz Petersen (the school psychologist), all in their individual capacities ("individual defendants"); and District 220. 4 The complaint contains six counts. Count I asserts a 42 U.S.C. § 1983 ("s 1983") claim against all defendants, alleging the violation of Ashley and Lara's fourth and fourteenth amendment rights. 5 Count II asserts another § 1983 claim against Harris, Petersen, Plozay and District 220, alleging that these defendants violated Parents' first amendment rights by retaliating against Parents for their statements objecting to and criticizing defendants' actions. 6 Counts III through VI advance various pendent state law claims against individual defendants and District 220.
The defendants filed motions to dismiss the fifth amended complaint. All individual defendants argued that they are qualifiedly immune from plaintiffs' § 1983 claims and that plaintiffs had otherwise failed to state a claim. District 220 argued that the complaint failed to adequately allege the existence of an unconstitutional policy, pattern or practice by District 220. The defendants also raised various defenses to the pendent state claims, including state-law-based claims of immunity from liability, and failure to state a cause of action.
After again vacating a dismissal of the entire action and affording plaintiffs another chance, the district court granted individual defendants' latest motions to dismiss and entered final judgment in favor of these defendants. Landstrom, 699 F.Supp at 1282-83. 7 From this dismissal plaintiffs bring this appeal.
Plaintiffs raise four arguments which merit discussion.
First, plaintiffs challenge an early ruling by the district court granting defendants' motion to stay discovery pending the resolution of defendants' qualified immunity claims. They argue that "[h]ad limited discovery been permitted as to the alleged occurrence from those who would admit to having been directly involved or present, a more perfect, sufficient or perhaps more adequate and accurate complaint might have resulted in compliance with the court's insistence on evidentiary fact pleading on all matters alleged." They argue further that "[i]n the instant cause because of the extreme youth of the plaintiff children, there is a threshold need to confirm in detail with precision what exactly occurred and...
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