J. B. v. Tiffany Woodard

997 F.3d 714
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 12, 2021
Docket20-1212
StatusPublished
Cited by106 cases

This text of 997 F.3d 714 (J. B. v. Tiffany Woodard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. B. v. Tiffany Woodard, 997 F.3d 714 (7th Cir. 2021).

Opinion

In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1212 J.B., et al., Plaintiffs-Appellants, v.

TIFFANY WOODARD, et al., Defendants-Appellees. ____________________

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:19-cv-4065 — Sharon Johnson Coleman, Judge. ____________________

ARGUED DECEMBER 16, 2020 — DECIDED MAY 12, 2021 ____________________

Before WOOD, SCUDDER, and ST. EVE, Circuit Judges. SCUDDER, Circuit Judge. This case began as a divorce and child custody dispute in state court. After an allegation sur- faced that Edwin Bush had choked his son, the Illinois Depart- ment of Children and Family Services launched an investiga- tion, and Bush’s then-wife Erika successfully sought a court order suspending Bush’s parenting time. Bush then turned to federal court and filed this lawsuit under 42 U.S.C. § 1983 on behalf of himself and his children, alleging violations of their 2 No. 20-1212

First and Fourteenth Amendment rights and claiming that DCFS employees’ conduct set off a series of events culminat- ing in a state court order infringing on his and his kids’ right to familial association. The state defendants successfully moved to dismiss the case for lack of subject matter jurisdic- tion. The district court concluded that Bush and his children not only lacked standing to bring a constitutional challenge to the Illinois Marriage and Dissolution of Marriage Act, but also that the Younger abstention doctrine barred the court from rul- ing on the remaining constitutional claims. We agree on both fronts. Bush failed to allege facts sufficient to establish stand- ing for his First Amendment claim. And adhering to princi- ples of equity, comity, and federalism, we conclude that the district court was right to abstain from exercising jurisdiction over his remaining claims. We therefore affirm. I Edwin Bush’s complaint supplies the operative facts, and we accept all well-pleaded facts as true and draw all reasona- ble inferences in his favor. See Kubiak v. City of Chicago, 810 F.3d 476, 480–81 (7th Cir. 2016). We can also take judicial notice of matters of public record, including court filings and documents from the ongoing state court proceedings incorpo- rated into the federal complaint. See Orgone Cap. III, LLC v. Daubenspeck, 912 F.3d 1039, 1044 (7th Cir. 2019). A Erika and Edwin Bush married in 2008, and they had two children—J.B. in 2011 and A.B. in 2015. (For ease of reference, we refer going forward to Edwin and Erika by their first names.) In 2017 Erika filed for divorce in Illinois domestic No. 20-1212 3

relations court, and as part of the divorce proceedings, she sought sole custody of the two children. On October 1, 2018, while divorce proceedings were ongo- ing, Erika told J.B.’s therapist that Edwin had choked J.B. The therapist called the Illinois Department of Children and Fam- ily Services to report the alleged abuse. DCFS responded by sending investigator Tiffany Woodard to interview J.B. at school on October 2. The following day, on October 3, Erika spoke to Woodard and repeated her allegation that Edwin had choked J.B. On the evening of October 3, Woodard interviewed Edwin at his apartment while the children were there with him. Woodard explained that she was investigating the alleged choking incident, and Edwin responded that Erika had made an intentionally false report. He also accused Erika of physi- cally abusing J.B. At this point, Woodard left Edwin’s apart- ment for approximately twenty minutes and called her super- visor, Marco Leonardo, asking for permission to contact the Cook County Sheriff’s Office to help with implementing a safety plan. Edwin claims that DCFS Area Administrator Tierney Stutz also had reviewed and approved the proposed safety plan. Two sheriff’s deputies responded to Edwin’s apartment. Woodard informed the deputies that she was not there to re- move the children but to establish a safety plan. Woodard and the deputies then entered Edwin’s apartment to talk with him, but the conversation deteriorated and Edwin kicked them out. After leaving, Woodard called Leonardo to explain that she tried to discuss a care plan but that Edwin “just went down super south.” J.B. and A.B. remained with Edwin that night. 4 No. 20-1212

On October 5, Woodard emailed Erika’s divorce attorney to recommend that Edwin’s parenting time with J.B. be lim- ited to supervised visitation until Edwin underwent a psycho- logical assessment. Four days later, Erika filed an emergency petition in the Illinois domestic relations court seeking a pro- tective order and an emergency motion for supervised par- enting time. She attached Woodard’s October 5 email as an exhibit to her petition. At an emergency hearing held the next day on October 10, the court found that abuse had occurred and entered a protective order suspending Edwin’s parenting time. The court held another hearing on November 30 after Erika requested a plenary order of protection. The court de- nied her request but suspended Edwin’s parenting time until he attended anger management counseling. According to Ed- win, the judge told him that he “was denied parenting time entirely because he invoked his constitutional right to eject” Woodard and the deputies from his home on October 3. Ed- win also underscores that Woodard testified at the November 30 hearing that the DCFS abuse investigation showed that the alleged abuse was unfounded. The domestic relations court appointed a therapist to con- duct anger management counseling and permitted Edwin to have visitation with J.B. at the therapist’s office on December 21, 2018. During that counseling session, J.B. said he could not remember his father ever grabbing him by the neck, had no idea why he could not see his father, and that he and A.B. were crying regularly. J.B. further reported that Erika had re- peatedly slapped him and pulled his hair. After the counseling session, Edwin filed an emergency motion to reinstate his parenting time. At a court hearing, he sought to introduce his son’s statements, but the court ruled No. 20-1212 5

that Edwin could not rely on J.B.’s statements because the Il- linois Marriage and Dissolution of Marriage Act prohibits “communications in counseling” from being “used in any manner in litigation.” See 750 ILCS 5/607.6(d). Fast-forward to February 2019. The domestic relations court entered a judgment dissolving Erika and Edwin’s mar- riage and maintaining Edwin’s termination of parenting time until he completed the anger management course and a sepa- rate counseling session. Edwin appealed. In December 2019, the Illinois Appellate Court largely af- firmed the judgment but remanded to the domestic relations court for a final judgment on the issue of Edwin’s parenting time. As far as we can tell, when Edwin filed his complaint in federal court in June 2019, his child custody dispute remained ongoing, his parenting time had not been reinstated, and the state court appeal remained pending. B Edwin invoked 42 U.S.C. § 1983 and filed a three-count complaint in federal court on behalf of himself and his two children against DCFS investigator Tiffany Woodard, her su- pervisor Marco Leonardo, DCFS Area Administrator Tierney Stutz, and DCFS Acting Director Marc Smith. In Count I, the plaintiffs, who we refer to as only Edwin for simplicity’s sake, brought a constitutional challenge to sec- tion 5/607.6(d) of the Illinois Marriage and Dissolution of Marriage Act.

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Bluebook (online)
997 F.3d 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-b-v-tiffany-woodard-ca7-2021.