Hood v. West Virginia Department of Health and Human Resources

CourtDistrict Court, S.D. West Virginia
DecidedJanuary 20, 2023
Docket2:22-cv-00265
StatusUnknown

This text of Hood v. West Virginia Department of Health and Human Resources (Hood v. West Virginia Department of Health and Human Resources) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hood v. West Virginia Department of Health and Human Resources, (S.D.W. Va. 2023).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

STEPHEN HOOD, et al., Plaintiffs,

v. CIVIL ACTION NO. 2:22-cv-00265

THE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

Pending before the court is a Motion to Dismiss filed by Defendant West Virginia Department of Health and Human Resources (“DHHR”) [ECF No. 11], as well as DHHR’s Motion to Seal Exhibit 1 to its Motion to Dismiss [ECF No. 9]. Plaintiffs have responded to the Motion to Dismiss [ECF No. 16], and DHHR has replied [ECF No. 19]. For the reasons stated herein, DHHR’s motion to dismiss is GRANTED and the motion to seal is DENIED as moot. I. Background Plaintiffs Mary and Stephen Hood are the biological grandparents and adoptive parents of the minor children J.H. and M.D. [ECF No. 1, ¶ 5]. This action arises out of J.H. and M.D.’s allegedly unlawful removal from Plaintiffs’ custody for approximately five months from late 2020 to early 2021. Plaintiffs assert that J.H. and M.D. were taken away “without a court order or any evidence that the children were being abused or neglected by Plaintiffs.” ¶ 46. After that initial removal, custody of J.H. and M.D. was formally transferred to DHHR pursuant to child abuse and neglect proceedings in the Circuit Court of Fayette County, West Virginia. ¶

48; [ECF No. 1-2]. Plaintiffs allege that the DHHR employees who instituted those proceedings “made several knowingly false statements to the Court.” [ECF No. 1, ¶ 52]. “When J.H. and M.D. were finally returned to Plaintiffs’ care and custody, both children exhibited signs of abuse and/or neglect.” ¶ 72. Plaintiffs’ Complaint sets forth thirteen claims, nine of which are made against Defendant DHHR: negligence (Count V), gross negligence (Count VI), prima facie

negligence (Count VII), intentional infliction of emotional distress (Count VIII), abuse of process (Count IX), civil conspiracy (Count X), negligent hiring (Count XI), negligent supervision and training (Count XII), and negligent retention (Count XIII). DHHR moves to dismiss these claims, arguing “Plaintiffs’ Complaint must be dismissed, with prejudice, because DHHR is entitled to sovereign immunity pursuant to the Eleventh Amendment to the United States Constitution and is otherwise entitled to qualified immunity.” [ECF No. 12, at 4]. DHHR further argues that,

notwithstanding immunity, the Complaint lacks factual content necessary to form essential elements of Plaintiffs’ claims and therefore must be dismissed for failure to state a claim upon which relief can be granted. at 12.

2 II. Legal Standard A state’s sovereign immunity, as expounded in the Eleventh Amendment, “is not truly a limit on the subject matter jurisdiction of federal courts, but a block on

that jurisdiction.” , 66 F.3d 56, 60 (4th Cir. 1995); , 524 U.S. 381, 389 (1998) (“The Eleventh Amendment . . . does not automatically destroy original jurisdiction. Rather, the Eleventh Amendment grants the State a legal power to assert a sovereign immunity defense should it choose to do so.”). As such, the Fourth Circuit has not yet resolved whether a motion to dismiss based on sovereign immunity is properly considered pursuant to

Rule 12(b)(1) or Rule 12 (b)(6). , No. 2:20-cv-614, 2021 WL 4150709, at *2 (S.D. W. Va. Sept. 13, 2021). But when, as here, a party challenges the sufficiency—rather than truthfulness—of a complaint’s allegations to sustain the court’s jurisdiction, the court “must accept the allegations as true and proceed to consider the motion as it would a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).” (quoting , No. 2:15-cv-11002, 2016 WL 3094010, at

*2 (S.D. W. Va. June 1, 2016)); , 697 F.2d 1213, 1219 (4th Cir. 1982). A motion to dismiss filed under Rule 12(b)(6) tests the legal sufficiency of a complaint or pleading. , 521 F.3d 298, 302 (4th Cir. 2008). To survive dismissal, the complaint “must contain sufficient factual matter, accepted as

3 true, to ‘state a claim to relief that is plausible on its face.’” , 556 U.S. 662, 678 (2009) (quoting , 550 U.S. 544, 555 (2007)). III. Discussion

The Eleventh Amendment states: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any foreign state.” U.S. Const. amend. XI. The Supreme Court has interpreted the amendment to apply to a suit by a citizen of a state against that state. , 134 U.S. 1 (1890). A claim against an arm of the state is, for

Eleventh Amendment purposes, properly considered one against the state itself. , 845 F.2d 468, 469 (4th Cir. 1988). Because sovereign immunity poses a bar to federal jurisdiction, it applies to claims based on both state and federal law. As a state agency, DHHR is an arm of the state and is therefore entitled to sovereign immunity under the Eleventh Amendment. There are, however, exceptions to that immunity, and Plaintiffs argue1 that one such exception applies in this case—

namely, that the state has waived its right to immunity and consented to suit. [ECF

1 The court agrees with DHHR that Plaintiffs’ response to the instant motion was filed one day after the deadline for such response and is therefore untimely. [ECF Nos. 16, 19]; Loc. R. Civ. P. 7.1(a)(7). I decline to strike Plaintiffs’ briefing but caution counsel against failing to meet prescribed deadlines without seeking leave of the court or asserting any statement of good cause, excusable neglect, or other explanation. 4 No. 16, at 7–8]; , 527 U.S. 706, 755 (1999) (“[S]overeign immunity bars suits only in the absence of consent.”). A state may waive its Eleventh Amendment immunity by enacting a statutory

or constitutional provision containing an “‘unequivocal’ statement of the state’s intention to subject itself to suit .” , 845 F.2d at 470 (quoting , 473 U.S. 234, 241 (1985), , Rehabilitation Act Amendments of 1986, Pub. L. No. 99- 506, § 1003, 100 Stat. 1807, 1845, , 518 U.S. 187, 198 (1996)) (emphasis in original). “The test for determining whether a State has waived

its immunity from federal-court jurisdiction is a stringent one.” , 473 U.S. at 241 (declining to permit suit “[i]n the absence of an unequivocal waiver ” (emphasis added)). Waiver will be found only where stated “by the most express language, or by such overwhelming implication from the text as [will] leave no room for any other reasonable construction.” , 845 F.2d at 470 (quoting , 213 U.S. 151, 171 (1909)). “Because the eleventh amendment protects the state specifically

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Hood v. West Virginia Department of Health and Human Resources, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hood-v-west-virginia-department-of-health-and-human-resources-wvsd-2023.