Pompey v. Broward County

95 F.3d 1543, 1996 U.S. App. LEXIS 25009, 1996 WL 514879
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 26, 1996
Docket95-4214
StatusPublished
Cited by75 cases

This text of 95 F.3d 1543 (Pompey v. Broward County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pompey v. Broward County, 95 F.3d 1543, 1996 U.S. App. LEXIS 25009, 1996 WL 514879 (11th Cir. 1996).

Opinions

CARNES, Circuit Judge:

This case stems from Broward County, Florida’s “Daddy Roundups,” which are part of an effort in that county to force noncustodial parents to pay their past due child support obligations. The plaintiffs are five fathers who already have been, and who allege that they are also likely in the future to be, ordered incarcerated by the Broward County Circuit Court for failure to pay child support. They brought this 42 U.S.C. § 1983 suit against: (1) the Broward County Support Enforcement Division (the “Support Division”), Broward County, and its administrator, Jack Osterholt, in his official capacity (collectively, the “County defendants”); (2) the director of the Support Division, Judy Fink, in her official and individual capacity; and (3) the family division judges of the Broward County Circuit Court (the “defendant judges”).

The plaintiffs claim that the defendants’ practices during the “Daddy Roundups” are unconstitutional because indigent fathers are not advised of their right to court-appointed counsel, are not provided with court-appointed counsel, and are not given a meaningful opportunity to be heard during the “cursory” contempt hearings. The plaintiffs seek various forms of equitable relief and damages.

The defendant judges and the County defendants moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) or (c), and the district court granted that motion. It also granted summary judgment in favor of Ms. Fink, the director of the Support Division, on grounds of absolute, or alternatively, qualified immunity. The plaintiffs appeal those judgments.

I. BACKGROUND

Because we decide this case as to all defendants based upon the complaint, we take the [1545]*1545facts alleged in the complaint to be true and construe them in the light most favorable to the plaintiff. E.g., ICA Constr. Corp. v. Reich, 60 F.3d 1496, 1497 (11th Cir.1995). According to the plaintiffs’ allegations, the defendants regularly conduct “Daddy Roundups,” in which parents who are allegedly in arrears on their child support payments are brought into court for civil contempt hearings. A large number of contempt cases are processed each day, with the frequent result being that less than five minutes is spent on any given case. Sometimes faulty or insufficient evidence is presented by Broward County with regard to the amount in arrears. The court does not inform the appearing parents of a right to court-appointed counsel, and Broward County “actively dissuades” indigent parents from requesting court-appointed counsel. Although it is required by Florida law to do so, the court does not usually make a determination regarding whether the parent who is being held in contempt is indigent. As a result, indigent parents are imprisoned even though they are unable to make their child support payments. No records of the contempt hearings are made. Parents who are held in contempt for failure to make child support payments may terminate their jail sentences either by paying the amount in arrears or by remaining in jail for 179 days.

The plaintiffs — Charles Pompey, Richard Atlas, James Edwards, James Peters, and Larry Lashbrook — were all held in contempt for failure to pay child support. At least one of the five plaintiffs, Mr. Edwards, and possibly another, Mr. Pompey, failed to appear at their contempt hearings, and their cases were adjudicated by default. All of the plaintiffs allege that they were not informed prior to being held in contempt that they were facing long periods of incarceration, or of any right to court-appointed counsel. They also allege that the court faded to make an affirmative finding of their ability to pay the amount in arrears.1

None of the plaintiffs alleged at their contempt hearings that they were indigent at the time of their hearings. Even so, one of the plaintiffs, Mr. Pompey, successfully filed a petition for a writ of habeas corpus with the Florida District Court of Appeals. Pursuant to Mr. Pompey’s petition, the Florida District Court of Appeals instructed the circuit court to hold an evidentiary hearing to determine Mr. Pompey’s ability to pay his purge amount. As a result of that hearing, the trial court reduced the purge amount from $22,100.00 to $212.00.

None of the other plaintiffs filed either direct appeals or habeas petitions in the Florida courts concerning their incarceration for contempt. Instead, the plaintiffs filed this 42 U.S.C. § 1983 action, in which they contend that their contempt hearings violated the Sixth and Fourteenth Amendments to the United States Constitution because: (1) the court failed to inform them of their right to court-appointed counsel, and to appoint such counsel for indigent fathers, and (2) the court failed to provide them with due process at their civil contempt hearings by relying on faulty and insufficient evidence with regard to the amount in arrears, spending insufficient amounts of time on each case, and failing to keep records of each hearing.

The plaintiffs sought: (1) injunctive relief and compensatory damages against the Support Division; (2) declaratory and injunctive relief against the defendant judges; (3) compensatory damages against Broward County; and (4) compensatory and punitive damages against Judy Fink in her individual capacity.2

[1546]*1546The County defendants moved, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss the action for failure to state a claim, or alternatively, for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c). That motion included a contention that Ms. Fink was entitled to either absolute or qualified immunity. The district court granted the County defendants’ motion, on grounds that they were not proper defendants because they neither had the duty nor the authority to appoint counsel to indigent parents, or to conduct the contempt hearings. The district court alternatively held that the claims against the County defendants should be dismissed based upon the Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), abstention doctrine. The court also held that Ms. Fink was entitled to absolute immunity, or alternatively, qualified immunity.

The defendant judges moved to dismiss the claims against them on Rooker-Feldman grounds.3 Although the district court rejected the Rooker-Feldman contention, it granted the motion to dismiss on grounds that it should abstain from hearing the claims against the defendant judges based upon the Younger abstention doctrine.

The plaintiffs timely filed this appeal, challenging all of the court’s judgments.

II. DISCUSSION

The plaintiffs contend that: (1) the Younger abstention doctrine does not apply to their claims against the defendant judges; (2) the County defendants were proper defendants and therefore the claims against them should not have been dismissed; and (3) Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
95 F.3d 1543, 1996 U.S. App. LEXIS 25009, 1996 WL 514879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pompey-v-broward-county-ca11-1996.