Oglala Sioux Tribe & Rosebud Sioux Tribe v. Van Hunnik

• Decision Date: 28 January 2014
• Docket Number: No. CIV. 13–5020–JLV.,CIV. 13–5020–JLV.
• Citation: 993 F.Supp.2d 1017
• Parties: OGLALA SIOUX TRIBE and Rosebud Sioux Tribe, as parens patriae, to protect the rights of their tribal members; and Rochelle Walking Eagle, Madonna Pappan, and Lisa Young, individually and on behalf of all other persons similarly situated, Plaintiffs, v. Luann VAN HUNNIK; Mark Vargo; Hon. Jeff Davis; and Kim Malsam–Rysdon, in their official capacities, Defendants.
• Court: U.S. District Court — District of South Dakota

993 F.Supp.2d 1017

OGLALA SIOUX TRIBE and Rosebud Sioux Tribe, as parens patriae, to protect the rights of their tribal members; and Rochelle Walking Eagle, Madonna Pappan, and Lisa Young, individually and on behalf of all other persons similarly situated, Plaintiffs,

v.Luann VAN HUNNIK; Mark Vargo; Hon. Jeff Davis; and Kim Malsam–Rysdon, in their official capacities, Defendants.

No. CIV. 13–5020–JLV.

United States District Court,

D. South Dakota,

Western Division.

Jan. 28, 2014.

Dana Hanna, Rapid City, SD, Stephen L. Pevar, Faclu Foundation, Hartford, CT, Andrew J. Knecht, American Civil Liberties Union, Sioux Falls, SD, Rachel E. Goodman, ACLU, New York, NY, for Plaintiffs.

Robert L. Morris, Morris Law Firm, Belle Fourche, SD, J. Crisman Palmer, Sara Frankenstein, Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, SD, Ann F. Mines, Roxanne Giedd, Attorney General of South Dakota, Pierre, SD, Nathan R. Oviatt, Goodsell Quinn, LLP, Rapid City, SD, for Defendants.

ORDER DENYING MOTIONS TO DISMISS

JEFFREY L. VIKEN, Chief Judge.

INTRODUCTION

Plaintiffs Oglala Sioux Tribe, Rosebud Sioux Tribe, Rochelle Walking Eagle, Madonna Pappan and Lisa Young (collectively referred to as “plaintiffs”) filed a complaint against defendants Luann Van Hunnik, Mark Vargo, Hon. Jeff Davis and Kim Malsam–Rysdon (collectively referred to as “defendants”) in their official capacities. (Docket 1). The complaint asserts defendants' policies, practices and procedures relating to the removal of Native American children from their homes during 48–hour hearings violate the Fourteenth Amendment's Due Process Clause and the Indian Child Welfare Act (ICWA). Id. Specifically, plaintiffs contend the defendants' policies, practices and customs “(1) remov [e] Indian children from their homes without affording them, their parents, or their tribe a timely and adequate hearing as required by the Due Process Clause, (2) remov[e] Indian children from their homes without affording them, their parents, or their tribe a timely and adequate hearing as required by the Indian Child Welfare Act, and (3) remove Indian children from their homes without affording them, their parents, or their tribe a timely and adequate hearing and then coercing the parents into waiving their rights under the Due Process Clause and Indian Child Welfare Act to such a hearing.” Id. at p. 3.

Pending before the court are motions to dismiss the complaint by all defendants.¹ (Dockets 33, 37 & 39). Defendants contend (1) the court should not entertain this action under the Younger² and Rooker–Feldman³ abstention doctrines; (2) plaintiffs failed to exhaust their state court remedies; (3) plaintiffs lack standing; (4) plaintiffs have failed to state a claim upon which relief can be granted; and (5) plaintiffs' ICWA claims cannot be vindicated under 42 U.S.C. § 1983. (Docket 34). Based on the court's analysis, the defendants' motions to dismiss are denied.

DISCUSSION

A. Younger Abstention Doctrine

“Under Younger v. Harris, ... federal courts should abstain from exercising jurisdiction in cases where equitable relief would interfere with pending state proceedings in a way that offends principles of comity and federalism.” Aaron v. Target Corp., 357 F.3d 768, 774 (8th Cir.2004). The Supreme Court of the United States recently clarified the limited applicability of the Younger abstention doctrine in Sprint Commc'ns, Inc. v. Jacobs, ––– U.S. ––––, 134 S.Ct. 584, 591, 187 L.Ed.2d 505 (2013).⁴ The Supreme Court reversed the United States Court of Appeals for the Eighth Circuit's decision applying the Younger doctrine, held the Eighth Circuit's criteria for use of Younger abstention was overly permissible, and adopted a more restrictive test for application of the Younger doctrine. Sprint, 134 S.Ct. at 591. The Supreme Court held Younger abstention applies in only three categories of cases:

First, Younger preclude[s] federal intrusion into ongoing state criminal prosecutions. Second, certain civil enforcement proceedings warrant [ ] abstention. Finally, federal courts refrain[ ] from interfering with pending civil proceedings involving certain orders ... uniquely in furtherance of the state courts' ability to perform their judicial functions.

Id. at 591 (citations omitted).

Prior to the decision in Sprint, the Younger abstention analysis in the Eighth Circuit revolved around the three-part test derived from the Supreme Court's decision in Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 432–37, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982). In Middlesex, the court identified several factors that should lead to abstention under Younger: (1) the existence of an ongoing state judicial proceeding, (2) which implicates important state interests, and (3) which provides an adequate opportunity to raise constitutional challenges. Middlesex, 457 U.S. at 432, 102 S.Ct. 2515. However, in Sprint, the Supreme Court clarified that these three factors are “not dispositive; they [are] instead, additional factors appropriately considered by the federal court before invoking Younger,” which itself sets forth the three limited circumstances discussed above in which abstention is appropriate. Sprint, 134 S.Ct. at 593 (emphasis in original).

Defendants assert abstention is appropriate under the second and third exceptional circumstances to federal jurisdiction discussed in Sprint as well as the factors established in Middlesex. (Dockets 34 at pp. 22–27; 59 at pp. 2–5). Plaintiffs argue none of the exceptional circumstances are applicable in this case.

1. Ongoing state criminal prosecution

Although defendants do not expressly discuss the first exceptional circumstance, they imply in their argument that neglect proceedings could potentially result in the filing of a formal complaint or charge. (Docket 59 at p. 2). In Sprint, the Court found abstention is appropriate under Younger to preclude intrusion into an ongoing state criminal prosecution. Sprint, 134 S.Ct. at 591 (emphasis added). Defendantspoint out Ms. Walking Eagle's case is ongoing and “there continues to be ongoing judicial proceedings involving the temporary care and custody of Indian children in Pennington County who are part of plaintiffs' proposed class of plaintiffs.” (Docket 59 at p. 4).

In this case, plaintiffs are not challenging any ongoing state criminal proceeding. (Docket 1 at ¶¶ 3–4). In fact, plaintiffs point out numerous times in their briefing they are not challenging any prior or ongoing state proceeding. Rather, the remedies sought by plaintiffs would operate prospectively. (Docket 62 at p. 7, n. 3). The court finds this first exceptional circumstance is not applicable because any order by this court would not intrude into an ongoing state criminal prosecution.

2. Civil enforcement proceedings

Defendants assert abstention is appropriate under the holding in Sprint because this court is faced with an action which requests interference with state civil proceedings. (Docket 59 at p. 2). In Sprint, the Court clarified that abstention is appropriate in certain civil enforcement proceedings. Sprint, 134 S.Ct. at 591. The Court explained “[o]ur decisions applying Younger to instances of civil enforcement have generally concerned state proceedings ‘akin to a criminal prosecution’ in ‘important respects.’ ” Id. at 592. “Such enforcement actions are characteristically initiated to sanction the federal plaintiff, i.e., the party challenging the state action, for some wrongful act.” Id. (citations omitted). “In cases of this genre, a state actor is routinely a party to the state proceeding and often initiates the action.” Id.

Defendants contend Judge Davis is a named defendant in this litigation “because of his role in the enforcement of child welfare laws of the State of South Dakota and the Indian Child Welfare Act.” (Docket 59 at p. 2). Defendants assert “investigations are conducted when allegations of abuse and neglect are made to the State .... [and] [w]hen warranted, such investigations result in the filing of a formal complaint or charge.” Id. As a result, defendants assert this case meets the second factor established by the Supreme Court in Sprint and makes abstention appropriate.

In support of their position, defendants cite Moore v. Sims, 442 U.S. 415, 419–20, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979), which involved an action commenced by parents against state actors alleging the removal of Moore's children was a violation of the law.⁵

Plaintiffs argue this second exceptional circumstance does not apply because there is “no civil proceeding akin to a criminal proceeding ... pending against any of the plaintiffs.” (Docket 62 at p. 7). Plaintiffs also argue Moore is factually distinguishable from this case because in Moore, plaintiffs sought a federal injunction halting the continuation of the state's proceedings against them, whereas in this case, plaintiffs are only seeking prospective relief, which will not interfere with any ongoing case. Id.

The court finds the second exceptional circumstance is not applicable in this case. Defendants' reliance on Moore is misplaced. In Moore, the issue was whether the district court should have exercised jurisdiction in light of the pending state proceedings. Moore, 442 U.S. at 418, 99 S.Ct. 2371. Any ruling by the federal court in Moore would have necessarily impactedthe underlying state proceeding. As a result, the Supreme Court held the district court should not have exercised jurisdiction. Id. Unlike the facts in Moore, plaintiffs in this case are not challenging any pending state court action. Neither are plaintiffs challenging any ruling by the state court. Rather, plaintiffs are only seeking prospective relief and, as such, any order by this court would not impact an ongoing state proceeding. The court finds abstention is not appropriate under the second exceptional circumstance.

3. Civil proceedings involving certain orders ... uniquely in furtherance of the state...