Wolf v. New Jersey
| Decision Date | 06 March 2023 |
| Docket Number | 19cv16979 (EP) (JRA) |
| Parties | KARIN E. WOLF, DANIEL CRANE, and GRETCHEN CRANE, Plaintiffs, v. STATE OF NEW JERSEY, COUNTY OF BERGEN, ADMINISTRATIVE OFFICE OF THE COURTS, HON. GLENN A. GRANT, J.A.D., DAVID TANG, LAURA SIMOLDONI, ARTHUR ANDREANO, DEPARTMENT OF CHILDREN AND FAMILIES (DCF), DIVISION OF CHILD PROTECTION AND PERMANENCY (DCPP), KARI FERRARE, LYDIA TATEKAWA, DR. ALLWYN J. LEVINE, VALERIE SOLIMANO, ESQ., JAY ATKINS, ESQ., LUCIANA COUTINHOCRANE, and PETER J. MELCHIONNE, Defendants. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
Presently before the Court are motions to dismiss Plaintiffs' amended complaint filed by: (1) Defendants Administrative Office of the Courts, Hon. Glenn A. Grant, J.A.D., Peter J Melchionne, David Tang, Laura Simoldoni, Arthur Andreano, and Valerie Solimano, Esq., D.E. 70; and (2) Defendant Luciana Coutinho-Crane, D.E. 72. The Court has reviewed the parties' submissions and decides the motions without oral argument. See Fed.R.Civ.P. 78(b); L.Civ.R. 78.1(b). For the reasons stated below, both motions are GRANTED.
Plaintiff Karin E. Wolf is the biological mother of Plaintiffs Daniel Crane and Gretchen Crane. D.E. 32 ¶ 4. Plaintiffs,[1] by way of the present lawsuit, challenge the actions and decisions of multiple actors involved in three separate legal actions involving Wolf that are/were pending in the Superior Court of New Jersey's Bergen Vicinage:[2] (1) Luciana Coutinho-Crane v. Karin Wolf and Edward Crane, Bergen Court Case No. FD-02-37-18; (2) New Jersey Division of Child Protection and Permanency v. Karin Wolf, Luciana Coutinho-Crane, and Edward Crane (deceased) Bergen Court Case No. FN-02-68-19; and (3) State of New Jersey v. Karin Wolf, Bergen Court Case/Complaint No W-2018-000077-0222. D.E. 32 ¶¶ 70-72. Wolf alleges that since at least April 2018, “Defendants have refused to provide [her] with individualized treatment; and disability accommodations and modifications necessary to ensure full and equal access [to] court proceedings [in] which [Wolf's] parental rights and [her] children's custody/guardianship were at issue.” D.E. 32 ¶ 23.
Wolf, on behalf of herself and her two children, initiated the present action, pro se, on July 11, 2019, when both children were still minors.[3] D.E. 1. Plaintiffs subsequently retained counsel, Kenneth Rosselini, Esq., to represent them in this matter. D.E. 6. Rosselini entered his notice of appearance on March 6, 2020. Id. On December 27, 2021, Rosselini filed the amended complaint that is the subject of the Court's present dismissal decision. D.E. 32. Plaintiffs' counseled pleading is 73 pages long and contains 444 separate paragraphs. It identifies 16 separate Defendants, many of whom have since been dismissed. The already-dismissed Defendants are State of New Jersey, Department of Children and Families (DCF), Division of Child Protection and Permanency (DCPP), Kari Ferrare, Lydia Tatekawa, Dr. Allwyn J. Levine, Jay Atkins, Esq., see Mar. 29, 2022 Order D.E. 45, and County of Bergen, see Mar. 22, 2022 Order, D.E. 42.
The remaining Defendants are: (1) Administrative Office of the Courts (“AOC”); (2) Hon. Glenn A. Grant, J.A.D.; (3) Peter J. Melchionne; (4) David Tang; (5) Laura Simoldoni; (6) Arthur Andreano; (7) Valerie Solimano, Esq.; and (8) Luciana Coutinho-Crane. AOC “is the administrative office of the Courts of the State of New Jersey.” D.E. 32 ¶ 9. Judge Grant “is the Acting Administrative Director of the Court of the State of New Jersey.” Id. ¶ 12. Judge Melchionne is the “Presiding Judge of the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County Vicinage.” Id. ¶ 13. Tang “is the Chief of the Family Practice Division within the Administrative Director of the Courts of the State of New Jersey.” Id. ¶ 14. Simoldoni “is the Trial Court Administrator of the Superior Court of New Jersey, Bergen County Vicinage.” Id. ¶ 15. Andreano “is the Operations Manager of the Superior Court of New Jersey, Bergen County Vicinage.” Id. ¶ 16. Solimano is a New Jersey attorney “who was appointed by the Superior Court of the State of New Jersey to act as Guardian Ad Litem [(“GAL”)] for Daniel Crane and Gretchen Crane.” Id. ¶ 20. Coutinho-Crane is the “stepmother of [Daniel and Gretchen], and instituted, prosecuted and participated in litigations involving Plaintiffs.” Id. ¶ 22.
As noted, Plaintiffs' amended complaint challenges the actions, decisions, and behavior of multiple actors involved in three separate state court matters pending in the New Jersey Superior Court's Bergen County Vicinage. The first two matters, Luciana Coutinho-Crane v. Karin Wolf and Edward Crane, Bergen Court Case No. FD-02-37-18 (the “FD Matter”), and New Jersey Division of Child Protection and Permanency v. Karin Wolf, Luciana Coutinho-Crane, and Edward Crane (deceased), Bergen Court Case No. FN-02-68-19 (the “FN Matter”) appear to concern Wolf's unsuccessful efforts to regain custody of her two children while they were both still minors. Both cases appear to have been presided over by Judge Melchionne. In the third matter, State of New Jersey v. Karin Wolf, Bergen Court Case/Complaint No. W-2018-000077-0222 (the “Criminal Matter”), Wolf appears to have been criminally charged for custodial interference based on her actions on August 22, 2018, when Wolf picked up Gretchen in North Carolina, notwithstanding that Gretchen was then in the lawful custody of her stepmother, Coutinho-Crane. See Id. ¶¶ 147-154, 338.
The substantive allegations which support Plaintiffs' claims against the remaining Defendants are, in many ways, quite limited and appear to be selectively pled. Plaintiffs' substantive allegations can be appropriately summarized as follows. Wolf suffers from “Post-Traumatic Stress Disorder (PTSD) and Chronic Asthma.” Id. ¶ 4. Her daughter, Gretchen, also has PTSD, as well as scoliosis. Id. ¶ 4. Wolf claims that these afflictions constitute disabilities that have not been appropriately recognized and/or accommodated by Defendants, and that this has deprived Wolf of “full and equal access [to] court proceedings [in] which [Wolf's] parental rights and [her] children's custody/guardianship were at issue.” Id. ¶ 23. Wolf claims that the following “accommodations” which she requested from the state court were improperly denied: (1) an April 12, 2018 change of venue request, Id. ¶ 83; (2) an April 18, 2018 request to Operations Manager Andreano to change venue, and for audio recordings and transcripts, which Andreano denied based on Wolf's refusal to sign a HIPAA release, Id. ¶¶ 102-108; (3) a June 20, 2018 request for otherwise unspecified “disability accommodations and modifications,” Id. ¶ 133, which Trial Court Administrator Simoldoni denied based on Wolf's refusal to sign a HIPAA release, Id. ¶¶ 137-138; (4) an October 1, 2018 in-court request to Judge Melchionne for otherwise unspecified “disability accommodations and modifications,” which Judge Melchionne refused because Wolf did not sign a HIPAA release, Id. ¶¶ 170-171; and (5) an October 22, 2018, letter request to Judge Melchionne for appointment of counsel in the FD Matter.[4] Id.¶ 191.
Wolf further claims that the Superior Court “did not provide disability accommodations and modifications to [her]” during court appearances on November 28, 2018 and December 6, 2018. Id. ¶¶ 199-200, 206-207. Wolf also claims that the Bergen County Court improperly assigned her cases to Judge Melchionne. Id. ¶ 84.
Plaintiffs' amended complaint alleges that “[o]n April 24, 2018, without proper notice to Karin Wolf, Luciana Coutinho-Crane, filed an emergent application for custody of [Daniel and Gretchen,] claiming Karin Wolf was unfit and mentally ill.” Id. ¶ 114. And that “Judge Melchionne[, in response], arbitrarily and capriciously, while exceeding his jurisdiction, gave sole physical custody, legal custody, and guardianship to [Coutinho-Crane]; and appointed Valerie Solimano as a GAL for the children.” Id. ¶ 117. “Moreover, in blatant violation of the First Amendment, Judge Melchionne issued a politically motivated Gag order against Karin Wolf.” Id. ¶ 119. Wolf alleges that “[Judge] Melchionne continued to hold court proceedings and issue orders, without disability accommodations and modifications for Karin Wolf.” Id. ¶ 142. Wolf claims that during a February 13, 2019 hearing, “Judge Melchionne refused to recuse himself and retaliated by appointing a [GAL] for Wolf.” Id. ¶ 229. She notes that “on or around March 12, 2019, Judge Melchionne issued orders suspending Karin Wolf's parenting time with her daughter, barring her from contact with daughter, and demanding she turn over the child's U.S. passport; and signed an order for Karin Wolf's arrest.” Id. ¶ 253. Plaintiffs' amended pleading alleges that “[o]n or around April 4, 2019, Judge Melchionne issued a default against Karin Wolf and suppressed her pleadings in the FD [Matter].” Id. ¶ 255. “On or around June 24 and 25, 2019, Judge Melchionne held a trial in the custody matter.” Id. ¶ 259. “Judge Melchionne knew Karin Wolf needed accommodations, wouldn't give them,” and tried the case without her present. Id. ¶ 258. He also “refused to let Karin Wolf appear telephonically or even listen to the proceedings.” Id. ¶ 261.
Wolf further alleges that “[o]n June 10 and 17, 2019, Plaintiff Karin Wolf wrote and sent a letter and addendum via fax and certified mail, to Defendants Glenn Grant and David Tang of the AOC, citing disability-based discrimination and retaliation by the Superior Court of New Jersey, Bergen County Vicinage; and called for Judge Melchionne's removal as the judge in her cases; and other relief.” Id. ¶ 347. “[Grant and Tang] did not respond.” Id. ¶ 348.
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