Davis v. Ratledge

CourtDistrict Court, E.D. North Carolina
DecidedMarch 5, 2025
Docket5:24-cv-00440
StatusUnknown

This text of Davis v. Ratledge (Davis v. Ratledge) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Ratledge, (E.D.N.C. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

NO. 5:24-CV-00440-FL

MICHAEL SCOTT DAVIS and STETSON ) MANSFIELD WEBSTER, ) ) Plaintiffs, ) ) v. ) ) ORDER BRIAN RATLEDGE, JENNIFER ) BEDFORD, JULIE BELL, and DAMION ) MCCULLERS, in their official and ) individual capacities, ) ) Defendants. )

This matter is before the court upon defendants’ motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), (2), and (6) (DE 28). Plaintiffs responded in opposition to defendants’ motion, and the issues raised are ripe for ruling.1 For the following reasons, the motion is granted. STATEMENT OF THE CASE Plaintiffs Michael Scott Davis (“Davis”) and Stetson Manfield Webster (“Webster”) commenced this action July 30, 2024, with complaint against defendants Brian Ratledge (“Ratledge”), Jennifer Bedford (“Bedford”), Julie Bell (“Bell”), and Damion McCullers (“McCullers”), district court judges in North Carolina’s 10th Judicial District. Proceeding pro se,

1 On February 25, 2025, the United States Court of Appeals for the Fourth Circuit entered its mandate regarding its opinion and judgment dismissing that part of plaintiffs’ interlocutory appeal of the court’s October 28, 2024, order denying plaintiffs’ motion for leave to file supplemental complaint, and affirming that part of the court’s October 28, 2024, order denying plaintiffs’ motion for declaratory relief. The only motion thus before the court is the instant motion to dismiss. plaintiffs seek review of actions taken by defendants during each of plaintiffs’ respective domestic child custody and child support cases. Plaintiffs’ original complaint, which seeks to state claims premised upon false imprisonment against defendants Ratledge, Bell, and McCullers is followed on the docket by a myriad of state court papers on behalf of plaintiff Davis, (DE 1-2 through DE 1-29), and plaintiff

Webster, (DE 1-30 through DE 1-58). Another complaint was taken in and filed by the clerk July 30, 2024, indexed as an “attachment” to the aforementioned complaint, (DE 1-1), stating claims for violation of plaintiffs’ civil rights against defendants subject of the false imprisonment claims together with defendant Bedford. Memorandum of law in support of complaint for violation of civil rights also was separately filed and indexed by the clerk following filing of the first complaint. (DE 1-59). Two more titled complaints follow separately on the docket in this case, filed August 20, 2024. One parallels or amends the complaint for false imprisonment, (DE 7) (“Suppl. Compl.”), and the other states amended claims for violation of civil rights, (DE 8) (“Am. Compl.”).2

Amended memorandum of law in support of amended complaint for violation of civil rights rounds out the August 20, 2024, filings by plaintiffs. (DE 9). Plaintiffs filed motion for leave to file additional supplemental complaint September 18, 2024, and emergency motion for declaratory relief October 11, 2024. Following expedited briefing, the court denied both motions in order entered October 28, 2024. Specifically, the court determined plaintiffs’ request for declaratory relief was barred by the Rooker-Feldman3 doctrine,

2 The court considers the facts alleged in each of the aforementioned filings (DE 1, 1-1, 7, and 8) as comprising plaintiffs’ operative complaint (hereinafter, referenced collectively as the “complaint”).

3 D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923). and their request to supplement was futile. See Davis v. Ratledge, No. 5:24-cv-440-FL, 2024 WL 4594236 at *2 (E.D.N.C. Oct. 28, 2024). Plaintiffs filed notice of interlocutory appeal of the court’s October 28, 2024, order November 8, 2024. In unpublished opinion entered January 28, 2025, the Fourth Circuit dismissed that part of plaintiffs’ appeal which sought review of this court’s denial of leave to file additional supplemental complaint and affirmed this court’s denial of

declaratory relief. Davis v. Ratledge, No. 24-2135, 2025 WL 314112 at *1 (4th Cir. Jan. 28, 2025). In the meantime, after extension of time, defendants filed the instant motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim October 21, 2024. After extension of time, plaintiffs responded in opposition December 11, 2024. STATEMENT OF FACTS Although not a model of clarity, the facts alleged in the complaint may be summarized as follows. A. Plaintiff Davis Plaintiff Davis alleges multiple due process violations by defendants Ratledge and Bedford

in their handling of his underlying domestic case against his ex-wife. Specifically, Davis alleges defendant Ratledge violated Davis’s right to due process through: delays of two and four years in hearing motions (Am. Compl. (DE 8) at 5), depriving Davis of the opportunity to fully and fairly present his arguments on at least one of those motions (id. at 7), misclassifying certain of Davis’s income (id. at 10), making decisions based on unsubstantiated claims (id. at 11), refusing to review certain evidence (id. at 13), failing to address sanctionable behavior (id. at 15), ignoring and denying certain of Davis’s motions (id. at 18), and finding Davis in civil contempt and mandating his arrest without supporting evidence (id. at 20-21). Davis alleges defendant Bedford violated his due process rights by finding Davis in willful contempt based on inadequate and contradicted evidence. (Id. at 22-23). Plaintiff Davis also alleges defendant Ratledge “unlawfully restrained Plaintiff Davis against his will by ordering his arrest and incarceration without proper legal justification.” (Supp. Compl. (DE 7) at 3).

B. Plaintiff Webster Plaintiff Webster alleges multiple due process violations by defendants McCullers, Bedford, and Bell. Specifically, plaintiff Webster alleges that defendant McCullers failed to finalize pending orders, relied on unverified testimony, and refused to hear Webster’s motion to reconsider before ordering his arrest for civil contempt (Am. Compl. (DE 8) at 27-28). Webster alleges that defendant Bedford obstructed Webster’s access to the courts by continuing hearing on his motion to show cause. (Id. at 37). Webster also alleges that Defendant Bell barred Webster from accessing evidence and failed to provide him with a status update (id. at 29), failed to respond to motions

and delayed issuing orders (id.), revised a custody order despite contradictory evidence (id. at 31), admitted into evidence a document without authentication (id. at 33), failed to provide explanation for a financial determination (id. at 34), delayed hearing beyond the state court’s guidelines (id.), relied on selective and outdated case history in issuing a gatekeeper order (id. at 36), and delayed entry of a protective order (id.). Additionally, plaintiff Webster alleges defendants Bell and McCullers “unlawfully restrained Plaintiff Webster against his will by ordering his arrest and incarceration without proper legal justification.” (Suppl. Compl. (DE 7) at 3) COURT’S DISCUSSION A. Standard of Review A Rule 12(b)(1) motion4 challenges the court's subject matter jurisdiction, and the plaintiff bears the burden of showing that federal jurisdiction is appropriate when challenged by the defendant. See McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 (1936); Adams v.

Bain, 697 F.2d 1213

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460 U.S. 462 (Supreme Court, 1983)
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Davis v. Ratledge, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-ratledge-nced-2025.