Margaret S. Deal v. Lawrence County, Lawrence County Children and Youth Services, Susan Papa, in her official and individual capacity; Heather Starr, in her official and individual capacity; Elaine Peak, in her official and individual capacity; Caitlyn Windhorst, in her official and individual capacity; Marissa Heaney, in her official and individual capacity; John Bout, in his official and individual capacity; Cray Youth and Family Services, Tanya Montgomery, in her official and individual capacity; John Bongivengo, in his official and individual capacity; Nora Dibuono, in her official and individual capacity

CourtDistrict Court, W.D. Pennsylvania
DecidedJanuary 21, 2026
Docket2:25-cv-00303
StatusUnknown

This text of Margaret S. Deal v. Lawrence County, Lawrence County Children and Youth Services, Susan Papa, in her official and individual capacity; Heather Starr, in her official and individual capacity; Elaine Peak, in her official and individual capacity; Caitlyn Windhorst, in her official and individual capacity; Marissa Heaney, in her official and individual capacity; John Bout, in his official and individual capacity; Cray Youth and Family Services, Tanya Montgomery, in her official and individual capacity; John Bongivengo, in his official and individual capacity; Nora Dibuono, in her official and individual capacity (Margaret S. Deal v. Lawrence County, Lawrence County Children and Youth Services, Susan Papa, in her official and individual capacity; Heather Starr, in her official and individual capacity; Elaine Peak, in her official and individual capacity; Caitlyn Windhorst, in her official and individual capacity; Marissa Heaney, in her official and individual capacity; John Bout, in his official and individual capacity; Cray Youth and Family Services, Tanya Montgomery, in her official and individual capacity; John Bongivengo, in his official and individual capacity; Nora Dibuono, in her official and individual capacity) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Margaret S. Deal v. Lawrence County, Lawrence County Children and Youth Services, Susan Papa, in her official and individual capacity; Heather Starr, in her official and individual capacity; Elaine Peak, in her official and individual capacity; Caitlyn Windhorst, in her official and individual capacity; Marissa Heaney, in her official and individual capacity; John Bout, in his official and individual capacity; Cray Youth and Family Services, Tanya Montgomery, in her official and individual capacity; John Bongivengo, in his official and individual capacity; Nora Dibuono, in her official and individual capacity, (W.D. Pa. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PITTSBURGH

MARGARET S DEAL, ) ) ) 2:25-CV-00303-MJH Plaintiff, ) ) vs. ) ) LAWRENCE COUNTY, LAWRENCE ) COUNTY CHILDREN AND YOUTH ) SERVICES, SUSAN PAPA, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; HEATHER STARR, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; ELAINE PEAK, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; CAITLYN WINDHORST, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; MARISSA HEANEY, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; JOHN BOUT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY; CRAY YOUTH AND FAMILY SERVICES, TANYA MONTGOMERY, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; JOHN BONGIVENGO, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY; NORA DIBUONO, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; THE BAIR FOUNDATION, MARY BURROWS, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; CHASITY MINNITTE, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; DANIEL ALSDORF, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY; DEANNA DEMONACO, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; JASON MEDURE, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY; AND DYLAN NEAL, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY;

Defendants,

MEMORANDUM OPINION On February 28, 2025, Pro Se Plaintiff, Margaret Deal, filed the present case. (ECF No. 1). On May 26, 2025, Ms. Deal filed a 78 page Amended Complaint against nineteen defendants, alleging various constitutional claims pursuant to 42 U.S.C. § 1983, a discrimination claim under Title II of the Americans with Disabilities Act, and various other state law claims. (ECF No. 51). On June 9, 2025, Defendants Lawrence County, Lawrence County Children and Youth Services,

Susan Papa, Heather Starr, Elaine Peak, Caitlyn Windhorst, Dylan Neal, Marissa Heaney, John Bout, Nora DiBuono, Jason Mudure, and Deanna Demonaco (“County Defendants”), as well as Defendants Cray Youth and Family Services and Tanya Montgomery filed Motions to Dismiss the Amended Complaint and accompanying briefs. (ECF Nos. 58-59, 60-61). On June 18, 2025, Defendants Bair Foundation, Marry Burrows, Daniel Alsdorf and Chasity Minnite, filed Motions to Dismiss the Amended Complaint. (ECF Nos. 62-63, 64-65). On July 25, 2025, Defendant John Bongivengo filed a Motion to Dismiss the Amended Complaint and accompanying brief. (ECF Nos. 71 & 72). Ms. Deal responded to each of these Motions to Dismiss in turn. (ECF Nos. 66-70, 73). Defendants did not reply. The issues are fully briefed and ripe for disposition. For the

reasons that follow, the Defendants’ Motions to Dismiss will be granted. I. Statement of Facts A. County Defendants Ms. Deal is the mother of three children, K.G., M.G., and A.G. (ECF No. 51, at ¶ 6). On

October 14, 2020, Lawrence County Children and Youth Services, (“LCCYS”), received a referral, related to Ms. Deal’s children, alleging medical neglect, unsanitary conditions, and drug abuse. (Id. ¶ 36). Ms. Deal alleges that on October 19, 2020, Defendant Dylan Neal, a caseworker at LCCYS, visited Ms. Deal’s home and concluded that there was no evidence of neglect or child abuse. (Id. ¶ 40). On January 29, 2021, LCCYS filed a dependency petition related to M.G.’s lack of dental care. (Id. ¶ 42). Ms. Deal alleges that various County Defendants withheld medical records from Ms. Deal, which hindered her preparation for the dependency hearing related to the January 29, 2021 petition. (Id. ¶ 43). On February 22, 2021, an adjudication hearing was conducted before Hearing Master Susan Papa. (Id. ¶ 44). Ms. Deal alleges that Hearing Master Papa denied her request for a Judge to adjudicate the issue at the

hearing, ignored Ms. Deal’s objections, barred Ms. Deal from testifying, and pressured her to admit to the neglect allegations made against her. (Id.). On May 20, 2021, LCCYS received a report that a methamphetamine lab was being operated at Ms. Deal’s home. (Id. ¶ 46). Ms. Deal alleges the report was unsubstantiated. (Id.). Caseworker for Lawrence County, Heather Starr investigated Ms. Deal’s home after the report, and she reported that Ms. Deal refused to comply with a court ordered hair follicle test, seemed

to be intoxicated during the visit, and that the property was too large to search to confirm whether or not a meth lab existed. (ECF No. 51-5). On June 24, 2021, Hearing Master Papa held a permanency review hearing. (ECF No. 51, at ¶ 49). Ms. Deal alleges that, at the hearing, Defendant Starr made false statements about Ms. Deal’s mental state and the condition of her home, but Ms. Deal was not permitted to counter such allegations. (Id.). Ms. Deal alleges that on July 19, 2021 she received a court order to get a hair follicle drug test; but, the order provided no location. (Id. ¶ 54). Ms. Deal alleges that on July 20, 2021 she submitted a negative drug test from MedExpress, which was rejected by Caseworker Starr, because it was not the hair follicle test that was requested. (Id.).

On July 22, 2021, Hearing Master Susan Papa held a dependency hearing and ordered the removal of Ms. Deal’s children. (Id. ¶ 55). Ms. Deal alleges that the hearing was unrecorded, her private counsel was excluded from the hearing, and she was not informed of her right to a Judge. (Id.). Ms. Deal’s children were removed from her home on July 22, 2021. (Id. ¶ 56). On June 2, 2022, Hearing Master Papa required Ms. Deal to get another hair follicle, test based upon Caseworker Starr’s allegations of drug abuse, which Ms. Deal alleges were unfounded. (Id. ¶ 63). On June 3, 2022, Ms. Deal submitted to the hair follicle drug test and Defendant Starr reported that the test came back positive. (Id. ¶ 64). Ms. Deal alleges she was never shown the

drug test results. (Id.). On January 10, 2023, Lawrence County Solicitor Dibuono and Caseworker Windhorst filed a petition to terminate Ms. Deal’s parental rights. (Id. ¶ 66). Ms. Deal alleges that the petition was supported by false affidavits, which willfully misrepresented her non-compliance with mental health services. (Id. ¶¶ 66-68). Ms. Deal claims that LCCYS retaliated against her by refusing to mark parts of her January 2023 service plan as “completed.” (Id. ¶ 69). On March 9, 2023, Ms.

Deal was appointed new counsel, whom she alleges was ineffective. (Id. ¶ 70). Ms. Deal alleges that on April 18, 2023 Solicitor Dibuono filed a motion to approve vaccination of Ms. Deal’s children, against Ms. Deal’s wishes. (Id. ¶ 74). On July 31, 2023, another permanency review hearing was held in front of Hearing Master Papa and Hearing Master Papa determined that minimal progress had been made by Ms. Deal. (Id. ¶ 79). On November 9, 2023, Judge Acker dismissed the petition for termination of parental rights and reverted the Permanency Goal for the children to reunification. (Id. ¶¶ 80-81). On March 14, 2024, Judge Acker ordered therapeutic visits between Ms. Deal and her children to facilitate the goal of reunification. (Id. ¶ 85). Ms. Deal claims that Defendants did not set up the therapeutic visits until January of 2025, because of “various justifications.” (Id.).

Ms. Deal alleges that in July 2024, Lawrence County Orphans Court Senior Chief Deputy, Deanna DeMonaco, would not accept Ms. Deal’s pro se filings related to the dependency matter, because Ms. Deal was represented by counsel. (Id. ¶ 89). Plaintiff claims that the denial of the pro se filings and Ms. DeMonaco’s later communications with Lawrence County Solicitor, Jason Medure, involved gender discrimination. (Id. ¶ 94).

According to the pleadings, Ms. Deal’s dependency proceedings are still ongoing in the Court of Common Pleas for Lawrence County. (ECF No. 51-9). B. Cray Youth and Family Services and Tanya Montgomery

Throughout the Amended Complaint Ms.

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Margaret S. Deal v. Lawrence County, Lawrence County Children and Youth Services, Susan Papa, in her official and individual capacity; Heather Starr, in her official and individual capacity; Elaine Peak, in her official and individual capacity; Caitlyn Windhorst, in her official and individual capacity; Marissa Heaney, in her official and individual capacity; John Bout, in his official and individual capacity; Cray Youth and Family Services, Tanya Montgomery, in her official and individual capacity; John Bongivengo, in his official and individual capacity; Nora Dibuono, in her official and individual capacity, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margaret-s-deal-v-lawrence-county-lawrence-county-children-and-youth-pawd-2026.