Moore v. Knodell

District Court, E.D. Missouri·Decided November 8, 2023·No. 4:23-cv-00111·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANDREW PEAL MOORE II ) ) Plaintiff, ) v. ) Case No. 4:23-cv-00111-SEP ) ROBERT J. KNODELL, et al., ) ) Defendants. ) MEMORANDUM AND ORDER Before the Court is Defendants Robert J. Knodell, M. Ruth O’Neil, and Jennifer Renner’s1 Motion to Dismiss Plaintiff’s Complaint. Doc. [22]. For the reasons set forth below, Defendants’ motion is granted. FACTS AND BACKGROUND2 Pro se Plaintiff Andrew Peal Moore II alleges a conspiracy by Defendants to violate his civil rights and deprive Plaintiff of his property by enforcing his child support obligations. Doc. [1]. When Plaintiff was divorced from Kim Hinton in 1993, the Circuit Court of St. Louis County, Missouri, entered an order memorializing their separation agreement and ordering Plaintiff to pay $350.00 per month for each of their two minor children. Doc. [1-1]. Plaintiff appears to believe that the Missouri court wrongly described the amount owed; he asserts that he was obligated to pay only $350.00 per month, not per child. Doc. [1] at 5-9. Beginning in 2006, Plaintiff received multiples notices from the Missouri Department of Social Services that he was delinquent in his child support obligations and his income could be garnished if he failed to pay the delinquent amount. Id. at 12. In 2022, Defendant Knodell issued an Income Withholding Order to Plaintiff’s employer, Adventhealth Centra Care, ordering that it withhold payments from Plaintiff’s monthly wages in order to cover the child support arrearage. Id. at 13-15. The garnishment procedure prompted Plaintiff to file this action, in which he argues that Defendants have, on behalf of the Missouri Department of Social Services Family Support Division, engaged

1 Defendant Knodell is Director of the Missouri Department of Social Services Family Support Division. Defendants O’Neil, and Renner are employees of the Division. 2 For purposes of the motion to dismiss, the Court takes the factual allegations in the Complaint to be true. See Neitzke v. Williams, 490 U.S. 319, 326-27 (1989). in a conspiracy to enforce payments in excess of the amount he rightfully owed. Id. Plaintiff alleges Defendants violated his rights under the Due Process and Equal Protection Clauses of the United States Constitution, and brings claims pursuant to 42 U.S.C. § 1985 (Count I); 42 U.S.C. § 1964(3) (Count II); and 42 U.S.C. § 1983 (Count III). Defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6), arguing that this Court lacks subject matter jurisdiction under the domestic relations exception to federal jurisdiction and the Rooker-Feldman doctrine.3 Doc. [23] at 5. Defendants also argue that the Court has an obligation to abstain from hearing the case pursuant to the Younger abstention doctrine,4 and that Defendants are entitled to both qualified and sovereign immunity. Id. at 9. The Court agrees that the case plainly falls within the domestic relations exception to jurisdiction. Because that is sufficient grounds for dismissal, the Court need not consider Defendants’ other arguments. LEGAL STANDARD To justify dismissal under Rule 12(b)(1), “the complaint must be successfully challenged on its face or on the factual truthfulness” of its assertions. Titus v. Sullivan, 4 F.3d 590, 593 (8th Cir. 1993); see also Osborn v. United States, 918 F.2d 724, 729 n.6 (8th Cir. 1990). In a factual challenge, the defendant challenges the factual truthfulness of the assertions, and the Court may consider matters outside the pleadings. Osborn, 918 F.2d at 729. In a facial challenge, the defendant claims the complaint “fails to allege an element necessary for subject matter jurisdiction,” and the Court presumes true “all of the factual allegations concerning jurisdiction.” Titus, 4 F.3d at 593. The purpose of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is to test the legal sufficiency of a complaint. When considering a Rule 12(b)(6) motion, the Court assumes all of a complaint’s factual allegations to be true and construes all reasonable inferences in favor of the nonmoving party. See Neitzke v. Williams, 490 U.S. 319, 338 (1989). To survive

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