King v. Commissioner & New York City Police Department

60 F. App'x 873
CourtCourt of Appeals for the Second Circuit
DecidedMarch 19, 2003
DocketNo. 00-9234
StatusPublished
Cited by2 cases

This text of 60 F. App'x 873 (King v. Commissioner & New York City Police Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Commissioner & New York City Police Department, 60 F. App'x 873 (2d Cir. 2003).

Opinion

SUMMARY ORDER

THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED [874]*874AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 19th day of March, two thousand and three.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED IN PART and VACATED and REMANDED IN PART.

Plaintiff-Appellant Walter King appeals from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.) dismissing his § 1983 claim against Defendants-Appellees, the Commissioner and the New York City Police Department (“NYPD”). Charitably construed, King’s § 1983 claim, which he filed pro se, alleged (1) that the NYPD violated his constitutional rights when it arrested him and detained him for over three months, and (2) that the Department of Social Services violated his Due Process rights a) when it failed to notify him of a hearing at which his parental rights were terminated and b) when it arranged for him to visit with his son on the day of that hearing.

Defendants filed a motion for partial judgment on the pleadings, arguing (1) that, pursuant to the domestic relations exception to federal jurisdiction, the district court should abstain from exercising subject matter jurisdiction over King’s claim that Defendants caused his parental rights to be terminated wrongfully, (2) that his suit on that claim is barred by the Rooker-Feldman doctrine or collateral estoppel, and (3) that the complaint should be dismissed in its entirety against the NYPD, because the NYPD is a non-suable city agency.

In response, King’s appointed counsel argued that neither the “domestic relations exception,” the Rooker-Feldman doctrine, nor collateral estoppel were applicable to Plaintiffs claims against the Department of Social Services. As to his claims against the NYPD, King (1) acknowledged that the NYPD is a non-suable entity, (2) conceded that “it appears that probable cause did exist for plaintiffs arrest even though the charges later turned out to be unfounded,” and (3) stated that he had “no objection to the dismissal of the complaint as to the [NYPD] ... [but sought] leave to amend his complaint to include the City of New York and the New York City Commissioner of Social Services as defendants.”

The district court’s hearing on the motion focused entirely on King’s claim involving the termination of his parental rights, and the court concluded that it was without jurisdiction to hear that claim. No mention was made of King’s allegations of unlawful arrest, prosecution, and detention. Nevertheless, in the judgment issued after the hearing, the court dismissed the case in its entirety “for the reasons stated orally on the record.” This appeal followed.

I.

The domestic relations exception to federal jurisdiction “is not based on Article III of the Constitution but is instead an interpretation of the diversity statute, 28 U.S.C. § 1332.” Williams v. Lambert, 46 F.3d 1275, 1283 (2d Cir.1995) (citing Ank[875]*875enbrandt v. Richards, 504 U.S. 689, 700-02, 112 S.Ct. 2206, 119 L.Ed.2d 468 (1992)). Moreover, “the exception is very narrow. ... [It does not] strip the federal courts of authority to hear cases arising from the domestic relations of persons unless they seek the granting or modification of a divorce or alimony decree ... or a child custody decree.” Id. (quoting Ankenbrandt, 504 U.S. at 701-02, 112 S.Ct. 2206 (citation omitted)).

The instant appeal is brought pursuant to the court’s federal question jurisdiction, not its diversity jurisdiction. Nevertheless, the City argues that the domestic relations exception is not limited to diversity cases. Although this seems contrary to precedent, the city does cite language to support its argument. See, e.g., Ankenbrandt, 504 U.S. at 703, 112 S.Ct. 2206 (concluding, after explaining that the exception is a limitation on the courts’ diversity jurisdiction, that “the domestic relations exception, as articulated by this Court since Barber, divests the federal courts of power to issue divorce, alimony, and child custody decrees”).

We need not examine this question, however, because even under the broadest interpretation of the exception, it applies only to cases that seek issuance or modification of divorce, alimony, or child custody decrees. Appellant is not seeking a domestic relations award, and he is not asking that his parental rights be reinstated. Instead, his complaint seeks monetary damages. The domestic relations exception to federal jurisdiction is therefore irrelevant to this action.

II.

“The Rooker-Feldman doctrine holds that inferior federal courts lack subject matter jurisdiction ‘over cases that effectively seek review of judgments of state courts and that federal review, if any, can occur only by way of a certiorari petition to the Supreme Court.’ ” Phifer v. City of New York, 289 F.3d 49, 55 (2d Cir.2002) (quoting Moccio v. New York State Office of Court Admin., 95 F.3d 195, 197 (2d Cir.1996)). Jurisdiction is also lacking where plaintiffs claims before the district court are “inextricably intertwined” with the state court’s determinations. Id. (citing and quoting District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 483 n. 16, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983)). We have held that

“inextricably intertwined” means, at a minimum, that where a federal plaintiff had an opportunity to litigate a claim in a state proceeding (as either the plaintiff or defendant in that proceeding), subsequent litigation of the claim will be barred under the Rooker-Feldman doctrine if it would be barred under the principles of preclusion.

Moccio, 95 F.3d at 199-200. Because both parties to the instant appeal agree that claim preclusion (i.e., res judicata) is not applicable to this case, the question is whether issue preclusion (i.e., collateral estoppel) applies. We hold that it does, as to some of Appellant’s claims.

“Under New York law, the doctrine of issue preclusion only applies if (1) the issue in question was actually and necessarily decided in a prior proceeding, and (2) the party against whom the doctrine is asserted had a full and fair opportunity to litigate the issue in the first proceeding.” Colon v. Coughlin, 58 F.3d 865, 869 (2d Cir.1995) (footnote omitted).

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Bluebook (online)
60 F. App'x 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-commissioner-new-york-city-police-department-ca2-2003.