Mary Amerson v. State of Iowa

94 F.3d 510
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 4, 1996
Docket95-1897
StatusPublished
Cited by12 cases

This text of 94 F.3d 510 (Mary Amerson v. State of Iowa) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mary Amerson v. State of Iowa, 94 F.3d 510 (8th Cir. 1996).

Opinion

HANSEN, Circuit Judge.

Mary Amerson brought this civil rights action pursuant to 42 U.S.C. § 1983, alleging a host of constitutional and statutory violations, including complaints of discrimination and violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1491o. The origins of this dispute lie in Amerson’s disagreement with the manner in which the Des Moines Independent Community School District responded to alleged misbehavior by her minor son. A whole series of events followed, including Amerson’s jailing for contempt of state juvenile court orders, culminating in state court proceedings that ultimately terminated Am-erson’s parental rights. This federal action, a separate federal habeas corpus action, see Amerson v. State of Iowa, Dep’t of Human Servs., 59 F.3d 92 (8th Cir.1995) (affirming the district court’s determination that no ha-beas jurisdiction exists to collaterally attack a state court child custody determination), and several state court actions dealing with Amerson’s custody rights were proceeding simultaneously.

The district court 1 granted summary judgment to the State of Iowa, Heartland Area Education Agency, and the Des Moines Independent Community School District on Amerson’s IDEA claims; granted judicial *512 immunity to Chief Judge Wolle, Kent Kunze, Nancy Read, Child Psychiatry Associates, and Youth Homes of Mid America; and dismissed the complaint against Orchard Place and attorneys Raymond Sullins and Frank Steinbach, III, for failure to state a claim upon which relief may be granted. Concluding that Amerson’s remaining claims for relief could not be granted without disturbing the state juvenile court decision to terminate her parental rights and considering the simultaneously pending state court appeals of the parental rights termination decision, 2 the district court dismissed the remainder of the federal complaint on principles of abstention as enunciated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), and Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). Amerson appeals, challenging only the district court’s decision to dismiss the remainder of the case on principles of abstention.

We conclude without extended discussion that the district court’s detailed discussion of the abstention principles cited above is correct as applied to Amerson’s equitable claims, including those for injunctive relief. The relief Amerson seeks is redress for “alleged tortious interference with her parental rights.” (Appellant’s Br. at 6.) Because the state courts have terminated her parental rights, redress for this alleged interference cannot be granted without first disturbing the state court adjudication terminating her parental rights, a matter of substantial public concern. See Colorado River, 424 U.S. at 814, 96 S.Ct. at 1245 (noting federal courts should decline to interfere with state court proceedings where federal review “would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern,” citing Burford as an example). Contrary to Amerson’s assertion, the status of her domestic relationship as determined by the state courts is crucial to her claims for relief in this ease. Cf. Ankenbrandt v. Richards, 504 U.S. 689, 706, 112 S.Ct. 2206, 2216, 119 L.Ed.2d 468 (1992) (holding Burford abstention inappropriate where the status of the domestic relationship has been determined as a matter of state law and has no bearing on the underlying torts alleged). Additionally, several state court proceedings and appeals concerning the same issues asserted here were pending at the time of the district court’s decision. See Younger, 401 U.S. at 43-54, 91 S.Ct. at 750-55 (holding that, with a few exceptions, federal courts cannot interfere with pending state court criminal proceedings). See also Ankenbrandt, 504 U.S. at 705, 112 S.Ct. at 2215-16 (noting that Younger abstention has been extended to the civil context). Thus, the district court did not err in applying these principles of abstention to Amerson’s equitable claims.

Amerson’s complaint, however, also includes a prayer for “unspecified damages” (though it appears to be beyond dispute that most all of her claims for relief are equitable in nature). Recently, the Supreme Court decided that “federal courts have the power to dismiss or remand cases based on abstention principles only where the relief being sought is equitable or otherwise discretionary.” Quackenbush v. Allstate Ins. Co., — U.S. -, -, 116 S.Ct. 1712, 1728, 135 L.Ed.2d 1 (1996). 3 The Court noted that “certain classes of declaratory judgments” are within the discretionary category that is subject to dismissal on abstention principles, but in actions at law, the Court explained, abstention principles permit federal courts only to enter an order that stays the adjudication, not one that dismisses the federal action altogether. Id. at -, 116 S.Ct. at 1722. Nevertheless, we have determined that our conclusion that the district court properly dismissed this ease is not contrary to the Court’s decision in Quackenbush.

Although the holding of Quackenbush precludes the dismissal on abstention principles *513 of “a damages action,” id. at -, 116 S.Ct. at 1728, we believe that a close reading of the case indicates that a plaintiff’s incidental insertion of a general claim for damages will not suffice to prevent the dismissal of a § 1983 case where the damages sought cannot be awarded without first declaring unconstitutional a state court judgment on a matter firmly committed to the states. See id. at —, 116 S.Ct. at 1722. In Quackenbush, the Court preserved and distinguished the very limited holding of Fair Assessment in Real Estate, Ass’n Inc. v. McNary, 454 U.S. 100, 115, 102 S.Ct. 177, 185-86, 70 L.Ed.2d 271 (1981), where the Court dismissed a § 1983 damages ease. — U.S. at -, 116 S.Ct. at 1722 (noting that Fair Assessment was about the scope of the § 1983 cause of action, not abstention principles, but discussing the case “to the extent [it] does apply abstention principles”). The plaintiff in Fair Assessment

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