Rangel v. Reynolds

• Decision Date: 09 April 2009
• Docket Number: No. 4:07-cv-20-AS-APR.,4:07-cv-20-AS-APR.
• Citation: 607 F.Supp.2d 911
• Parties: Adrian Garcia RANGEL and Janelle Allane Rangel, Plaintiffs, v. Chris REYNOLDS, et al., Defendants.
• Court: U.S. District Court — Northern District of Indiana

607 F.Supp.2d 911

Adrian Garcia RANGEL and Janelle Allane Rangel, Plaintiffs, v. Chris REYNOLDS, et al., Defendants.

No. 4:07-cv-20-AS-APR.

United States District Court, N.D. Indiana, Hammond Division, at Lafayette.

April 9, 2009.

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Adrian Garcia Rangel, Chicago, IL, pro se.

Janell Allane Rangel, Fremont, MI, pro se.

Laura L. Bowker, Kathy Bradley, Indiana Attorney General's Office, Indianapolis, IN, for Defendants, Chris Reynolds, Indiana Dept. of Child Services, James W. Payne.

Douglas J. Masson, Hoffman Luhman & Masson PC, Lafayette, IN, for Defendants, Donella Carter, Tippecanoe County.

Catherine L. Kyle, Charles S. Smith, Jon M. Pinnick, Schultz & Pogue LLP, Donald B. Kite, Sr., Dean-Webster Wright & Kite LLP, Indianapolis, IN, for Defendants, Sue O'Neill, Tippecanoe Community Health Clinic, James Livermore.

James S. Stephenson, Ronald J. Semler, Stephenson Morow & Semler, Indianapolis, IN, for Defendant, James S. Quesenbery.

Gregg S. Theobald, Lafayette, IN, for Defendants, Stephanie L. Myers and HGCF.

MEMORANDUM OPINION & ORDER

ALLEN SHARP, District Judge.

This case arises from an alleged violation of 42 U.S.C. § 1983 in which Plaintiffs claim that their baby was taken from them on February 15, 2007, in violation of their Due Process and Fourth Amendment rights. There are currently twelve pending motions, including five non-dispositive motions, and seven motions to dismiss filed by various Defendants in the case. It bears mentioning at the outset that this Court is aware that Plaintiffs are pro se litigants. As such, their pleadings must be held to less stringent standards than those drafted by attorneys. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Alvarado v. Litscher, 267 F.3d 648, 651 (7th Cir. 2001). However, "[P]ro se litigants are masters of their own complaints," and "District judges have no obligation to act as counsel or paralegal to pro se litigants." Myles v. United States, 416 F.3d 551, 552 (7th Cir.2005). Here, this Court has given all reasonable leniency to Plaintiffs on account of their pro se status. Nonetheless, for the reasons that follow, each Motion to Dismiss is GRANTED and, therefore, all non-dispositive Motions are DENIED as moot.

I. STANDARDS OF REVIEW

A. Federal Rule of Civil Procedure 12(b)(1)

The standard of review for a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction depends on the purpose of the motion. United Phosphorus, Ltd. v. Angus Chem. Co., 322 F.3d 942, 946 (7th Cir.2003) (en banc). If a defendant challenges the factual sufficiency of the allegations regarding subject matter jurisdiction, the Court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in favor of the plaintiff. Id. The party asserting jurisdiction bears the burden of proof on a Rule 12(b)(1) motion. Sprint Spectrum L.P. v. City of Carmel, Indiana, 361 F.3d 998, 1001 (7th Cir.2004).

B. Federal Rule of Civil Procedure 12(b)(6)

Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, dismissal is appropriate if the complaint sets forth no viable cause of action upon which relief can be granted. Fed.R.Civ.P. 12(b)(6); Challenger v. Local Union No. 1, 619 F.2d 645, 649 (7th Cir.1980). A complaint must allege facts to state a claim that is plausible on its face. Limestone Development Corp. v. Village of Lemont, Ill., 520 F.3d 797, 803 (7th Cir.2008) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). In assessing the propriety of a Rule 12(b)(6) motion to dismiss, the court accepts as true all well-pleaded factual allegations in the complaint and the inferences reasonably drawn from them. Jackson v. E.J. Brach Corp., 176 F.3d 971, 977 (7th Cir.1999). But the court admits only allegations of fact, and is not required to accept legal conclusions. Fries v. Helsper, 146 F.3d 452, 456 (7th Cir.1998); Challenger, 619 F.2d at 649. The court's inquiry is not whether plaintiff will ultimately prevail in a trial on the merits, but whether the plaintiff should be afforded an opportunity to offer evidence in support of their claims. Cole v. U.S. Capital, Inc., 389 F.3d 719, 724 (7th Cir.2004) (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974)), (overruled on other grounds).

Furthermore, a complaint need not set forth all relevant facts or recite the law; all that is required is a short and plain statement showing that the party is entitled to relief. Fed.R.Civ.P. 8(a); Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir.1996). Under federal pleading rules, a plaintiff is neither limited to nor bound by the legal characterizations of his claims contained in the complaint. Forseth v. Village of Sussex, 199 F.3d 363, 368 (7th Cir.2000). Although the complaint itself need not specifically or correctly identify the legal basis for any claim, in response to a motion to dismiss the plaintiff must identify the legal basis for the claim and make adequate legal arguments in support of it. Kirksey v. R.J. Reynolds Tobacco Co., 168 F.3d 1039, 1041-42 (7th Cir.1999).

II. BACKGROUND

Plaintiffs Adrian and Janelle Rangel's ("Plaintiffs") claims arise out of an incident occurring on or around February 6, 2007, when Plaintiffs took their daughter L.A.R. to the Tippecanoe County Health Department ("the health department" or "TCHD") for a regular medical examination.¹ (Docket No. 58 at 3). Plaintiffs allege that at the February 6th visit, the health department's office manager Donella Carter ("Ms. Carter") made an appointment for L.A.R. with Nurse Sue O'Neill ("Ms. O'Neill") at the Tippecanoe County Health Clinic ("the health clinic" or "TCHC"). Id. Plaintiffs further allege that Ms. Carter told Plaintiffs that this appointment would be free of charge and, when Plaintiffs left the health department, Ms. Carter was seen "sneering" at them in "an evil way." Id. at 3-4.

On or about February 15, 2007, Plaintiffs allege that they arrived at the health clinic for their appointment. Id. Once there, Plaintiffs were informed that the appointment was not free of charge, as they had been told by Ms. Carter. Id. Plaintiffs told the health clinic staff that they did not want L.A.R. examined at that time. Id.

Later that day, Plaintiffs allege that Chris Reynolds, ("Ms. Reynolds")² a caseworker for the Tippecanoe Office of the Indiana Department of Child Services, showed up at Plaintiffs' residence in Lafayette. Id. Plaintiffs allege that Ms. Reynolds' visit was the result of Ms. O'Neill reporting that the child was in imminent danger. Id. Further, Plaintiffs allege that Ms. Reynolds beat on the door and threatened police intervention. Id. Thereafter, Ms. Rangel, who was home alone with L.A.R., let Ms. Reynolds into the home and called the Lafayette Police Department to the home. Id. Officer Quesenberry responded to the call and, according to Plaintiffs, Ms. Rangel "reluctantly opened the door." Id.

Plaintiffs then allege that Ms. Reynolds searched the house and took L.A.R. back to the health clinic to be examined by Ms. O'Neill. Id. According to Plaintiffs, Ms. O'Neill then diagnosed L.A.R. with failure to thrive and allegedly stated that the baby was starving. Id. Thereafter, Plaintiffs allege that Ms. Rangel was forced to nurse L.A.R. in front of the health clinic staff. Id. In addition, Plaintiffs claim that Ms. O'Neill and Dr. James Livermore committed medical malpractice in connection with L.A.R.'s examination. Id. at 2. The only specific allegations of malpractice involve L.A.R.'s dietary switch from breast milk to formula, which they allege resulted in her becoming bloated and ashen in appearance, and caused her to develop "new fat cells in her body which will never disappear since being treated by James Livermore and Sue O'Neill." Id. at 5.

On February 20, 2007, a probable cause hearing was held in Superior Court in Lafayette, with Judge Faith Graham presiding. Id. at 4. Plaintiffs allege that Ms. Reynolds produced a fraudulent probable cause affidavit at that hearing. Id. at 2. Thereafter, Judge Graham determined that L.A.R. should remain in state custody. Id.

Following L.A.R.'s removal from Plaintiffs' home, Plaintiffs allege that James Payne, the director of the Indiana Department of Child Services, was guilty of "negligent supervision" of his employee, Ms. Reynolds. Id. at 5. Further, Plaintiffs allege that Stephanie Myers and Home-Based/Goal-focused Services for Children and Families ("HGCF") harassed the Plaintiffs. Id.

Plaintiffs then claim that they filed two Motions for Summary Judgment, both of which were denied by the state court. Id. Additionally, Plaintiffs unsuccessfully appealed the removal of L.A.R. to the Indiana Court of Appeals. See In re L.A.R., 892 N.E.2d 251, 2008 WL 2954035 (Ind.App.2008).

Thereafter, this case began in this Court when Plaintiffs filed a pro se Complaint on March 12, 2007 (Docket No. 1). They subsequently filed an Amended pro se Complaint on March 15, 2007 (Docket No. 6), and a third Amended pro se Complaint on April 23, 2007 (Docket No. 58). When a plaintiff files an amended complaint, the new complaint supersedes all previous complaints and controls the case from that point forward. See Fed.R.Civ.P. 15(a); Massey v. Helman, 196 F.3d 727, 735 (7th Cir.1999) (citing Carver v. Condie, 169 F.3d 469, 472 (7th Cir.1999)). Accordingly the only complaint that will be considered with respect to the pending Motions to Dismiss is the Plaintiffs' Third Amended Complaint. (Docket No. 58).

In their Third Amended Complaint, Plaintiffs brought suit against numerous individuals and organizations which were involved in the removal of their daughter including: Ms. Reynolds, Ms. Carter, Ms. O'Neill, Officer Quesenbery, the health clinic, the City of Lafayette, Tippecanoe County, the Indiana Department of...