DeRouseau v. Family Court

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KYLE G. DEROUSEAU; K.M.D., a minor, Plaintiffs, -against- 21-CV-8716 (LTS) FAMILY COURT, WESTCHESTER COUNTY; JUDGE ARLENE (GORDON) CIVIL JUDGMENT OLIVER; EVA BUNTING SMITH, ESQ.; ARNOLD SZHERZRNIAK; JASMINE HERNANDEZ, ESQ., Defendants. Pursuant to the order issued May 31, 2022, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that K.M.D.’s claims are dismissed without prejudice, because a non-attorney parent cannot bring claims on behalf of a minor child. The remainder of the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii); see also Mills v. Fischer, 645 F.3d 176, 177 (2d Cir. 2011). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court’s judgment would not be taken in good faith. SO ORDERED. Dated: May 31, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge