Morgan v. Powell

659 A.2d 1243, 1994 WL 808243
CourtDelaware Family Court
DecidedSeptember 20, 1994
DocketNo. JN91-2642
StatusPublished
Cited by2 cases

This text of 659 A.2d 1243 (Morgan v. Powell) is published on Counsel Stack Legal Research, covering Delaware Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Powell, 659 A.2d 1243, 1994 WL 808243 (Del. Super. Ct. 1994).

Opinion

JAMES, Judge.

On or about October 1st, 1993, Ms. Karen Morgan voluntarily placed her two children, Walter, Jr. and Karl in the physical custody of her friend, Ms. Natalie Peters. On January 25, 1994, Charles Powell of the Division of Family Services (DFS) filed a petition for custody of Ms. Morgan’s children alleging that the children were dependent. In her answer to the petition, Ms. Morgan counterclaimed against Charles Powell and DFS alleging that the state failed to carry out its duties pursuant to 29 Del.C. § 9003 by providing her with inadequate reunification services. Ms. Morgan also asserts that by failing to provide adequate services, DFS violated her rights to due process and to relate to her children as a family, under the Delaware Constitution and the United States Constitution (“Constitution”). Ms. Morgan is seeking declaratory relief for her federal claim under 42 U.S.C. § 1983 (“§ 1983”).

On May 27, 1994, one week before the adjudicatory hearing on DFS’s petition for custody, DFS removed the children from their foster home, placed them with their natural father, Walter Morgan, Sr., and then sought to withdraw its petition for custody and terminate its obligation to provide services to Ms. Morgan. At the hearing on June 3,1994, Ms. Morgan’s attorney opposed DFS’ petition to withdraw. However, on June 15, 1994 the master who presided over the hearing entered an order permitting DFS to withdraw its petition for custody, and dismissing Ms. Morgan’s § 1983 action holding that the Family Court of Delaware does not have subject matter jurisdiction to entertain § 1983 actions. On June 21, 1994, Ms. Morgan filed a petition requesting a Review de Novo only of the portion of the Court’s decision dealing with Family Court’s jurisdiction to hear § 1983 actions.1

On July 14, 1994, a teleconference with counsel for both Ms. Morgan and DFS was held before the Honorable Jay Paul James. The status of the pending Review de Novo was discussed. After discussion, counsel agreed to submit simultaneous memoranda no later than Friday, July 22, 1994, on the issue of whether or not Family Court has jurisdiction to hear § 1983 actions. As set forth below, this Court finds that it does have jurisdiction to entertain petitioner’s § 1983 action. However, petitioner’s § 1983 action must fail because the facts, as presented by the petitioner, indicate that her rights under the United States Constitution have not been violated.

In reaching its decision the Court considered: i) whether it has jurisdiction over petitioner’s state law claims; ii) whether having jurisdiction over petitioner’s state law claims gives the Court the power to address petitioner’s claim that her rights under the United States Constitution have been violated; iii) whether the Court may refuse to address petitioner’s Constitutional claim simply because she is seeking a § 1983 remedy; and [1245]*1245iv) whether the Court has statutory authority to grant a § 1983 remedy. Finally, the Court examined whether petitioner has raised a valid Constitutional claim.

Ms. Morgan has alleged that DFS has failed to fulfill specific duties enumerated in 29 DelC. § 9003. Ms. Morgan has also alleged that by failing to provide these services, DFS violated her due process rights under the Delaware Constitution to the care and custody of her children and the integrity of her family. Section 921(3) of Title 10 of the Delaware Code provides as follows:

[Family] Court shall have exclusive original jurisdiction in all proceedings in this State concerning: [enforcement of any law of this State or any subdivision or any regulation promulgated by a governmental agency, or any petitions or actions, for the education, protection, control, visitation, possession, custody, care, or support of children.

10 DelC. § 921(3). Thus, Family Court has jurisdiction to consider whether DFS has failed to comply with 29 DelC. § 9003 and whether it has violated Ms. Morgan’s rights under the Delaware Constitution.

Ms. Morgan claims that by failing to adequately provide services pursuant to 29 DelC. § 9003, DFS has also violated her federal Constitutional due process rights to the care and custody of her children and the integrity of her family. Article IV, Section 1 of the Delaware Constitution grants Family Court the power to address federal Constitutional issues that arise in cases over which the Court has jurisdiction. Ward v. Ward, Del.Fam., 537 A.2d 1063, 1065 (1987). Family Court has jurisdiction to consider petitioner’s state law claims. Since the Court would not need to consider new facts or evidence with respect to petitioner’s federal claim, it should address Ms. Morgan’s claim that DFS has violated her federal Constitutional rights.

Furthermore, petitioner has argued that if Family Court does not hear her federal claim, but finds that DFS did fulfill its obligations under 29 Del.C. § 9003, her due process rights would be violated because she would be precluded from seeking redress for her federal claim in another court. Although the Family Court of Delaware is a court of limited statutory jurisdiction, the Delaware Supreme Court has held that its jurisdiction may extend to matters where a person claims due process rights to a life, liberty or property interest and the Court already has jurisdiction over the subject of that interest. Joseph B.P. v. Kathleen M.P., Del.Supr., 469 A.2d 800, 802 (1983), (citing Husband T.N.S. v. Wife A.M.S., Del.Supr., 407 A.2d 1045, 1048-49 (1979) (in a divorce/property division action where Family Court characterized certain property as marital property, and third party disputed characterization alleging an interest in the property, the Delaware Supreme Court ordered Family Court to hear the third party claim to ensure that third party’s due process rights would not be violated)).

Since the Family Court of Delaware’s ruling on petitioner’s state claim might preclude her from seeking redress in another court for an alleged violation of her Constitutional rights, Family Court should exercise jurisdiction over petitioner’s federal claim.

Although state courts may entertain § 1983 actions, the United States Supreme Court has not decided whether they must hear § 1983 actions. Martinez v. California, 444 U.S. 277, 283 n. 7, 100 S.Ct. 553, 558 n. 7, 62 L.Ed.2d 481 (1980). However, this does not mean that states are able to reject § 1983 jurisdiction. In Martinez, the Supreme Court held that “where the same type of claim, arising under state law, would be enforced in state courts, the state courts are generally not free to refuse enforcement of the federal claim.” Id. Furthermore, the Supreme Court noted in an earlier case “that the obligation of state[] [courts] to enforce ... federal laws is not lessened by reason of the ... remedy which [the federal laws] provide.” Testa v. Katt, 330 U.S. 386, 391, 67 S.Ct. 810, 813, 91 L.Ed. 967 (1947).

Ms. Morgan is seeking declaratory relief for her federal claim under 42 U.S.C.

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Bluebook (online)
659 A.2d 1243, 1994 WL 808243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-powell-delfamct-1994.