R. S. v. Lucas Cnty. Children Servs.
| Decision Date | 25 March 2022 |
| Docket Number | 3:20 CV 2791 |
| Parties | R. S., et al., Plaintiffs, v. LUCAS COUNTY CHILDREN SERVICES, et al., Defendants. |
| Court | U.S. District Court — Northern District of Ohio |
Plaintiffs R.S. and T.H. bring this action against numerous Defendants including Lucas County Children Services (“LCCS”), LCCS employees individually and in their official capacities, and the Board of Commissioners of Lucas County, Ohio (“the Board”). (Doc. 49). As is relevant to the instant motion Plaintiffs bring six claims for relief against LCCS, LCCS employees, and the Board: (1) violations of civil rights under 42 U.S.C. §§ 1983, 1985, and 1986; (2) negligence; (3) negligence per se; (4) conspiracy; (5) false imprisonment; and (6) failure to report.[1] Id. This Court has jurisdiction under 28 U.S.C. §§ 1331 and 1343(a)(3). Defendants LCCS and its employees, and the Board (hereinafter “Defendants”) filed a Motion for Judgment on the Pleadings seeking to dismiss all claims asserted against them. (Doc. 60). Plaintiffs opposed (Doc. 67), and Defendants replied (Doc. 69). For the reasons stated below Defendants' motion is granted.
On July 2, 2014, LCCS learned Plaintiffs' sibling (Child-8) was brought to the emergency room with multiple injuries. (Doc 41-1, at 2). The next day, LCCS caseworker Rebecca Von Sacken spoke to a St. Vincent Hospital caseworker, who was evaluating Child-8 for a failure to thrive. Id. at 4. The evaluation showed Child-8's injuries were indicative of abuse; LCCS scheduled a family case conference with Child-8's mother. Id. at 4-5. At the meeting, Plaintiffs' mother admitted to harming Child-8. Id. at 5. The next day, Plaintiffs and their siblings were removed from their mother's custody. (Doc 49, at 9). After an initial home study, Anthony and Alisa Haynes were awarded temporary custody. (Doc. 41-2). Anthony Haynes was the mother's pastor, and Alisa is Anthony's wife. (Doc. 59-2, at 1). The children's mother consented to the placement. (Doc. 41-2).
Before Plaintiffs were placed with the Haynes family, LCCS obtained historical background information regarding Anthony and Alisa. See Doc. 49-1. The information indicated Anthony had a substantiated report of sexual abuse against him in 2003. Id. Alisa Haynes had two substantiated reports of sexual abuse against her in 2000 and 2003. Id. at 2. However, background checks on both individuals showed that as of the date of placement, neither had a criminal record. (Doc. 59-3). The Lucas County Juvenile Court granted legal custody of Plaintiffs and their siblings to the Haynes family on March 5, 2015. (Doc. 41-4). Until Plaintiffs were eventually removed from the home, Plaintiffs endured neglect, abuse, rape, assault, and battery at the hands of the Haynes family. See Doc. 49, at 9; see also United States v. Haynes, 2021 WL 288562 (N.D. Ohio).
On October 28, 2015, LCCS received a referral alleging Child-2 (Plaintiff T.H.) did not have proper clothing. (Doc. 41-5, at 5). It alleged T.H. attended school in ill-fitting shoes, had to re-use underwear as she only owned three pairs, was repeatedly punched by the Haynes' children, and had to sleep on a urine-soaked mattress. Id. LCCS caseworker Charmaine West met with the Haynes family and Plaintiffs on October 30, 2015. Id. Upon inspection, West discovered Plaintiffs' bedroom was “located in the basement, and the room reeked of urine.” Id. Child-3's (Plaintiff R.S.) bed was made of a board balanced on cinder blocks. Id. The other children told West they slept on the concrete floor. Id. A Complaint in Dependency was filed against the Haynes on November 4, 2015 and Plaintiffs were removed from the Haynes' home the same day. Id.
A motion for judgment on the pleadings under Federal Civil Rule 12(c) is reviewed under the same standard as a Rule 12(b)(6) motion. Coley v. Lucas County, 799 F.3d 530, 536-37 (6th Cir. 2015). When deciding either motion, this Court presumes all factual allegations in the complaint to be true and makes all reasonable inferences in favor of the non-moving party. Total Benefits Planning Agency v. Anthem Blue Cross & Blue Shield, 552 F.3d 430, 434 (6th Cir. 2008). A complaint will only survive if it states a plausible claim for relief on its face. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007)). To do so, the complaint must state factual allegations that allow this Court to “draw the reasonable inference that the defendant is liable for the misconduct alleged.” Bates v. Green Farms Condominium Ass'n, 958 F.3d 470, 480 (citing Iqbal, 556 U.S. at 678). A complaint is not required to contain “detailed factual allegations, ” but must contain “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Twombly, 550 U.S. at 555.
The Lucas County Defendants have moved for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c), as to Counts One through Four. Each will be discussed in turn.
Plaintiffs bring federal claims against the Lucas County Defendants under 42 U.S.C. §§ 1983, 1985, and 1986. (Doc. 49, at 19-20). Defendants argue each of the claims are not plausible. (Doc. 60, at 13). The Lucas County Defendants include LCCS and the Board. (Doc. 49). All claims against LCCS include Defendants John/Jane Doe 1-20, Charmaine West, Susan Hickey, Rebecca Von Sacken, and Laura Lloyd-Jenkins. Id. at 6. Claims against the Board include the Board as an entity and Board members Tina Skeldon Wozniak, Pete Gerken, and Gary L. Byers. Id.
Section 1983 does not, on its own, serve as a source of substantive rights but merely serves as a mechanism for enforcing individual rights secured elsewhere. Moldowen v. City of Warren, 578 F.3d 351, 376 (citing Graham v. Connor, 490 U.S. 386, 393-94 (1989) (internal citation omitted)). To bring a successful § 1983 claim, Plaintiffs must allege (1) the deprivation of a right secured by the Constitution or laws of the United States (2) caused by a person acting under the color of state law. Sigley v. City of Parma Heights, 437 F.3d 527, 533 (6th Cir. 2006).
Plaintiffs have alleged violations of the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. (Doc. 49, at 19). Plaintiffs also allege violations of the Constitution of the State of Ohio. Id.
As an initial matter, the alleged violations of the Ohio Constitution do not state a claim under § 1983. States cannot create federal constitutional rights actionable under § 1983. Wilson v. Morgan, 477 F.3d 326, 332-33 (6th Cir. 2007) (citing Harrill v. Blount County, 55 F.3d 1123, 1125-26 (6th Cir. 1995). Plaintiffs do not dispute this. (Doc. 67, at 7). Therefore, Plaintiff's alleged violations of the Ohio Constitution do not establish a plausible § 1983 claim. Any such claim is therefore dismissed.
Plaintiffs have also failed to allege plausible § 1983 claims through the Eighth Amendment. An Eighth Amendment analysis is only appropriate after “the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions.” Ingraham v. Wright, 430 U.S. 651, 671 n. 40 (1977) (citing United States v. Lovett, 328 U.S. 303, 317-18 (1946)). “[T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law[.]” Phillips v. City of Cincinnati, 479 F.Supp.3d 611, 655 (S.D. Ohio 2020) (quoting Ingraham, 430 U.S. at 671 n. 40).
Plaintiffs cite case law equating the placement of children by the State into care outside their homes to that of prisoners under the Eighth Amendment. (Doc. 67, at 14-5) (citing K.H. ex rel. Murphy v. Morgan, 914 F.2d 846 (7th Cir. 1990); Taylor ex rel. Walker v. Ledbetter, 818 F.2d 791 (11th Cir. 1987)). But the case at hand is distinguishable. In K.H. ex rel. Murphy, child welfare workers who placed an infant into the care of abusive foster parents were found liable under the Eighth Amendment. See 914 F.2d at 848. However, the infant was removed from the custody of her parents involuntarily. Id. This was an important distinction, as the Court noted the State is not responsible “for a child's voluntary placement by the natural parents in an abusing private foster home.” Id. at 849 (citing Milburn v. Anne Arundel Cty. Dep't of Soc. Servs., 871 F.2d 474, 476 (4th Cir. 1989) (emphasis in original)); see also Taylor, 818 F.2d at 797 () (emphasis added).
In the present case, the Haynes family was granted temporary custody of Plaintiffs with the consent of their mother in July 2014. (Doc. 41-2, at 1). In February 2015, the Haynes family was granted legal custody of Plaintiffs, again with the agreement of the children's parents. (Doc. 59-2, at 7). Because Plaintiffs were placed into the custody of the Haynes voluntarily and not pursuant to a criminal prosecution, a § 1983 claim through the Eighth Amendment is inapplicable. Thus, any claims relating to violations of the Eighth Amendment are dismissed.
Plaintiffs also allege violations of due process rights under the Fifth and Fourteenth Amendments. (Doc. 49, at 19). Plaintiffs contend Defendant Board of Commissioners is subject to liability under Monell v. Dep't. of Soc. Servs. 436 U.S. 658, 694 (1978). (Doc. 67, at 15). In response Defendants argue the Board does not have the power to supervise, manage, or otherwise control Defendant...
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