Strain v. Kaufman County Dist. Attorney's Office, 3:95-CV1800.
| Decision Date | 23 February 1998 |
| Docket Number | No. 3:95-CV1800.,3:95-CV1800. |
| Parties | James and Una STRAIN, Plaintiffs, v. KAUFMAN COUNTY DISTRICT ATTORNEY'S OFFICE, Lisa Gent, Louis Conradt, Texas Department of Regulatory and Protective Services, Joyce Pruitt, Lisa Black, Pamela Sweeney, Rhonda Jones, Shirley Dominey, Virginia Greenwood, Margaret Spain, Catherine Howard, Wilbur F. Howard, James Fangue, Patricia Fangue, Paul Caesar, David McKeon, d/b/a McKeon Counseling Associates, Texas Department of Human Services, Kaufman County, James Nixon, Rodney Kincaid, Pete Hammock, Ivan Johnson, Kaufman County Child Welfare Board, Ruby Snow, Donna Durham, Andrea Brantley, Billie J. Hans, Steve Rhodes, Charlotte McDougald, Mike Sculin, Barbara McBurney, Neldajo Mathison, Defendants. |
| Court | U.S. District Court — Northern District of Texas |
Kenneth Byford and Tisha L. Tanaka of Byford & Associates, P.C., Dallas, TX, for plaintiffs.
Stephen Cass Weiland, Capshaw, Weiland, Goss & Bowers, L.L.P., Dallas, TX, for Kaufman County defendants.
Dan Morales, Attorney General of Texas and James B. Pinson, Assistant Attorney General, Austin, TX, for State defendants.
Randall Lee Roberts of Blalack & Williams, P.C., for Howard defendants.
David S. Mallard, Law Offices of David S. Mallard, Terrell, TX, for Margaret Spain and McKeon defendants.
Melinda Lee Eitzen, Clark, West, Keller, Butler, & Ellis, Dallas, TX, for Fangue defendants.
Jonathan B. Skidmore, Fulbright & Jaworski, Dallas, TX and Kerry Lawson Pedigo, U.S. Department of Justice Tax Division, Dallas, TX, for defendant Paul Caesar.
Before the Court are defendants' motions for summary judgment. Defendants Lisa Black, Pamela Sweeney, Rhonda Jones, Joyce Pruitt, Shirley Dominey, and Virginia Greenwood (hereinafter the ) assert that they are entitled to qualified immunity. Notwithstanding, they also contend that Plaintiffs fail to: (1) state of causes of action under either 42 U.S.C. § 1983 or the RICO Act or (2) satisfy the elements for a claim of malicious prosecution. Defendant James Nixon, Rodney Kinkaid, Pete Hammock, Ivan Johnson, Neldajo Mathison and Barbara McBurney (the "County Defendants") move for summary judgment also arguing that Plaintiffs' claims fail to state a claim for which relief can be granted and Plaintiffs' lack standing to assert the RICO claims. Prior to the filing of the summary judgment motions, Defendants Mathison and McBurney moved to dismiss this matter against them based on untimely service of process and failure to adequately plead their § 1983 and RICO claims.
Plaintiffs dispute these contentions and argue that they have met their evidentiary burden and the Second Amended Complaint satisfies the respective pleading requirements. Plaintiffs also assert that service was timely and if not, good cause exists to overlook any defect.
Plaintiffs' Complaint arises from a charge of child abuse against father James Robert Strain and grandmother Una Strain concerning Christa Strain who was a minor at the time. Christa was subsequently removed from the home and placed in foster care. The accusations of physical abuse led to the institution of civil and criminal proceedings in the 86th Judicial District of Kaufman County, Texas. The civil proceedings involved the custody and support of Christa and the criminal proceedings involved felony charges of injury to a child against Plaintiffs. The civil and criminal proceedings were resolved through mediation, resulting in the dismissal of the criminal proceedings. After participation by Plaintiffs in family counseling, Christa was returned to their custody.
On August 11, 1995, Plaintiffs filed suit against various defendants asserting violations of civil rights, 42 U.S.C. § 1983 and Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, conspiracy under 42 U.S.C. § 1985; and common-law malicious prosecution. On October 31, 1995, the State Defendants and the Texas Department of Protective and Regulatory Services and the Texas Department of Human Services filed motions to dismiss. On July 29, 1996, The Honorable Jorge A. Solis granted in part, and denied in part, the State Defendants' Motion to Dismiss. Judge Solis dismissed in relevant part, Plaintiffs' § 1983 claims against the state agencies, § 1983 fraud claim against Black, Pruitt, Sweeney, Jones, Dominey and Greenwood; the claims for injunctive and declaratory relief against the State Defendants in their official capacity; the 42 U.S.C. § 1985 claim; and the RICO claims against all defendants with permission to amend as to the RICO claims against Black, Pruitt, Sweeney, Jones, Dominey, and Greenwood. Pursuant to court practice, Judge Solis ordered the Plaintiffs to file a detailed "RICO Case Statement."
On August 26, 1996, Plaintiffs filed their RICO Case Statement. On September 10, 1996 the State Defendants filed a motion to dismiss the RICO claim. On January 2, 1997, the case was transferred to this Court. Based on the 12(b)(6) standard of review, the Court denied the State Defendants' motion on February 7, 1997.
On June 10, 1997, the Court granted Plaintiffs' motion to amend joining Kaufman County; the Kaufman County Commissioners in their official and individual capacities: James Nixon, Rodney Kinkaid, Pete Hammock and Ivan Johnson; Kaufman County Child Welfare Board in their official and individual capacities: Ruby Snow, Donna Durham, Andrea Brantley, Billie J. Hans, Steve Rhodes, Charlotte McDougald, Mike Sculin, Barbara McBurney and Neldajo Mathison. On July 2, 1997, Plaintiffs filed their Second Amended Complaint.
On July 3, 1997, Defendants Nixon, Hammock and Kinkaid were served. On July 25, 1997 these Defendants filed a motion to dismiss for lack of standing. The motion was denied by this Court by its Order signed September 11, 1997.
Plaintiffs attempted service of the Summons and the Second Amended Complaint on Defendants Kaufman County, Snow, Durham, Brantley, Hans, Rhodes, McDougald, Sculin, Mathison and McBurney on July 9, 1997. When Answers were not filed, Plaintiffs took default against these Defendants on August 4, 1997. The Court granted Defendants' motion to vacate and set aside the defaults on September 10, 1997 for failure to perfect proper service. The Court gave Defendants twenty days from the date of proper service to file an Answer or otherwise respond. Defendants were served on October 27, 1997.
Plaintiffs allege that the defendants violated their constitutional rights when they removed Christa from their home and prosecuted James Strain without probable cause. Plaintiffs also allege that defendants have stolen and manipulated federal and state matching funds and used Plaintiffs' child support payments for Defendants' personal use. According to Plaintiffs, these acts defrauded the federal government through the falsification of documents in order to procure AFDC, SSI and Medicare benefits which were not used for Christa. Plaintiffs allege that these acts are a continuing threat and exhibit a pattern of racketeering activity because these procedures are uniformly used against all children within their care.
Defendants assert that the acts complained of were appropriate, discretionary decisions based on probable cause. Defendants argue that Plaintiffs have not presented any admissible evidence to establish a pattern of racketeering activity or that even such an enterprise exists. The County Defendants contend that Plaintiffs lack standing to assert claims of misappropriation of funds under RICO.
Summary judgment is proper when the pleadings and evidence establish that no genuine issue exists as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56; Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.), cert denied, 506 U.S. 825, 113 S.Ct. 82, 121 L.Ed.2d 46 (1992). Once the moving party establishes that there is an absence of evidence to support the nonmovant's case, the burden shifts to the nonmoving party to come forward with "more than simply show[ing] that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). The non-moving party must not rest upon the allegations or denials of its pleadings or assertions unsupported by facts. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986). Rather, the non-movant must adduce evidence, not merely argument, in response to a movant's properly supported motion for summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Foval v. First Nat'l Bank of Commerce in New Orleans, 841 F.2d 126, 129 (5th Cir.1988). For summary judgment purposes, relevant evidence consists of the parties' affidavits and supporting documents, to the extent that such affidavits comport with the requirements of Fed. R.Civ.P. 56(e). Conclusory allegations are insufficient to withstand summary judgment. Eason v. Thaler, 73 F.3d 1322, 1325 (5th cir.1996).
Here, the Court concludes that Plaintiffs have failed their burden. The State Defendants are entitled to qualified immunity with regard to the § 1983 and malicious prosecution claims. The County Defendants are entitled to judgment as a matter of law with respect to the § 1983 claim Additionally, there is no evidence to support any RICO violations. As such, the RICO claim fails as a matter of law.
Qualified immunity shields government officials performing discretionary functions from personal civil liability "insofar as their conduct does not violate clearly established statutory or constitutional rights that a reasonable person should have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)....
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