Reynolds v. United States Government

District Court, E.D. North Carolina·Decided August 21, 2023·No. 7:22-cv-00178·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION

NO. 7:22-CV-178-FL

LAURIE REYNOLDS, et al., ) ) Plaintiffs, ) ) v. ) ORDER ) UNITED STATES GOVERNMENT, et al., ) ) Defendants. )

This matter is before the court on thirteen motions to dismiss by certain defendants (DE 216, 237, 261, 265, 268, 270, 272, 292, 294, 317, 335, 368, 381), motions to set aside judgment by several former plaintiffs (DE 388, 389, 496), motions for default judgment and for exemption of PACER user fee by plaintiff Laurie Reynolds (DE 442, 642) and motions for recusal by plaintiffs Keona Bradley, Glenda Cody, Russ E. Cody, and Raymond Sipult (DE 587, 588, 589). United States Magistrate Judge Robert T. Numbers, II, entered memoranda and recommendations (“M&R”), pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), (DE wherein it is recommended that the motions to dismiss be granted and the motions for default and to set aside judgment denied. Former intervenor plaintiffs Latisa Micheaux and Season Micheaux filed an objection to the first M&R, and plaintiffs Laurie Reynolds, Keona Bradley, Glenda Cody, Russ E. Cody, and Raymond Sipult filed objections to the second M&R. In this posture, the issues raised are ripe for ruling. STATEMENT OF THE CASE AND ALLEGED FACTS For ease of reference, the court incorporates herein the procedural history and summary of alleged facts set forth in the second M&R, as follows: The complaint’s recitation of facts is difficult to decipher. More than 50 Plaintiffs originally sued a slew of Defendants under 42 U.S.C. § 1983 and other laws for alleged violations of their civil rights. See Compl. at 1. For the most part, Defendants are federal, state, and local governments and their officials. In their complaint, which totals over 500 pages (including attachments), Plaintiffs contend that child custody proceedings nationwide have “been fundamentally corrupted by malicious actors[.]” Id. at 12. This corruption spans from tip to tail of the legal system—according to Plaintiffs, the “bad actors . . . include judges, lawyers, police officers, social workers, health care professionals, and sometimes average citizens[.]” Id. at 13. The scheme allegedly proceeds as follows: Social workers file intentionally misleading reports “that are filled with factual errors” suggesting that a child is abused or neglected. Id. Then, the local prosecutor—without trying to verify the truth of the social workers’ reports—initiates a child custody action against the parents. Id. In litigating these custody disputes, the prosecutors “act[] with an illegal amount of adversariness.” Id. And the attorneys representing the children and the parents aren’t much help—the children’s lawyers conceal facts they’re legally obligated to disclose, and the parents’ attorneys just want to “separate[e] as many families as possible[.]” Id. at 15. Juvenile court judges, who are biased against the parents, hear cases over which they lack jurisdiction and deny basic due process rights to the parents. Id. at 14. Rather than viewing the government’s evidence critically, the judges merely “give a rubber stamp to whatever the county agency asks for[.]” Id. But the county agencies are less than truthful—they “exaggerate facts and fabricate evidence” to place children in government custody and subject their parents “to excessive force, medical battery, harassment, extortion, psychological trauma, and slander[.]” Id. Plaintiffs believe that this corruption traces back to government leaders at the county, state, and federal level. See, e.g., id. at 15, 24. These government officials allegedly failed to train their employees and refused to prosecute criminals, leading to children being placed into needlessly restrictive environments and parents losing their custody rights without due process. See, e.g., id. at 24–27. This vicarious liability theory lies at the heart of Plaintiffs’ claims, as many Defendants are federal- and state-level government officials who have no direct hand in child custody proceedings. After laying out the general theories at the heart of their lawsuit, Plaintiffs proceed to tell their individual stories. These affidavit-style allegations make up the bulk of the complaint, and it is hard to see how they fit together. Compare, e.g., id. at 113–15 (making allegations against private and public actors in a Kansas child custody proceeding), with id. at 82–88 (requesting injunctive relief against a city in Florida). All told, Plaintiffs bring ten causes of action arising out of a conspiracy to deny them their civil rights. They seek over $1 billion in damages, reunification with their children, a writ of mandamus, and an injunction that prevents local courts from “oppressing families and detaining their children under the guise of child welfare.” Id. at 154. The court has dismissed all but six plaintiffs from this lawsuit already. See Order Dismissing Pls. at 2–3. Only Keona Bradley, Raymond Sipult, Glenda Cody, Russ Cody, Cecelia Evertez, and Laurie Reynolds remain. Id. at 8. Their claims arise out of child custody proceedings in Kansas (Bradley, Sipult, and the Codys), Connecticut (Evertez), and Florida (Reynolds). These thirteen motions to dismiss are before the court: 1. Texas Governor Greg Abbott and Texas Attorney General Ken Paxton allege that the court lacks subject-matter and personal jurisdiction and that Plaintiffs fail to state a claim. Abbott & Paxton Mot. Dismiss, D.E. 216. 2. Kings County, New York, contends that the court lacks subject-matter and personal jurisdiction and that both process and service of process were insufficient. Kings Cnty. Mot. Dismiss, D.E. 237. 3. New York Governor Kathy Hochul maintains that the court lacks subject-matter and personal jurisdiction, that service of process was insufficient, and that Plaintiffs fail to state a claim. Hochul Mot. Dismiss, D.E. 261. 4. Tennessee Governor Bill Lee argues that the court lacks subject-matter and personal jurisdiction and that Plaintiffs fail to state a claim. Lee Mot. Dismiss, D.E. 265. 5. Los Angeles County, California contends that the court lacks personal jurisdiction and that Plaintiffs fail to state a claim. L.A. Cnty. Mot. Dismiss, D.E. 268. 6. St. Francis Ministries and William Clark (its CEO) allege that the court lacks subject-matter and personal jurisdiction, that venue in the Eastern District of North Carolina is improper, and that Plaintiffs fail to state a claim. Clark & SFM Mot. Dismiss, D.E. 270. 7. Kids Central, Inc., maintains that the court lacks personal jurisdiction and that Plaintiffs fail to state a claim. Kids Central Mot. Dismiss, D.E. 272. 8. Florida Governor Ron DeSantis contends that the court lacks personal jurisdiction, that service of process was insufficient, and that Plaintiffs fail to state a claim. DeSantis Mot. Dismiss, D.E. 292. 9. Kent County, Michigan, alleges that the court lacks personal jurisdiction, that venue in the Eastern District of North Carolina is improper, that service of process was improper, and that Plaintiffs fail to state a claim. Kent Cnty. Mot. Dismiss, D.E. 294. 10. Miami-Dade County, Florida, argues that the court lacks personal jurisdiction, that service of process was improper, and that Plaintiffs fail to state a claim. Miami- Dade Cnty. Mot. Dismiss, D.E. 317. 11. Monterey County, California, contends that the court lacks personal jurisdiction and that Plaintiffs fail to state a claim. Monterey Cnty. Mot. Dismiss, D.E. 335. 12.

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