Robinson v. Kings County Family Court

CourtDistrict Court, E.D. New York
DecidedMarch 25, 2025
Docket1:23-cv-02059
StatusUnknown

This text of Robinson v. Kings County Family Court (Robinson v. Kings County Family Court) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Kings County Family Court, (E.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x

VALDISSA ROBINSON AND V.P.,

Plaintiffs, MEMORANDUM & ORDER 23-CV-2058(EK)(TAM)

-against-

ADMINISTRATIVE CHILDREN SERVICES, HEATHER DROUGHT, DERIA JAVIER, MICHAEL DUNBAR, SOPHIA SMITH, et al.

Defendants.

------------------------------------x

Plaintiffs, 23-CV-2059(EK)(TAM)

KINGS COUNTY FAMILY COURT, BROOKLYN DEFENDERS PRACTICE, HEYDAY MARTEL, ROBERT MAE, BRIAN HOLBROOK, et al.

Plaintiffs, 23-CV-2060(EK)(TAM)

NEW YORK STATE COURT APPELLATE DIVISION – SECONDARY JUDICIAL DEPARTMENT, WENDY GILDIN, et al.

Defendants. ------------------------------------x

Plaintiffs, 23-CV-4276(EK)(TAM)

KINGS COUNTY FAMILY COURT; HON. ERIK S. PITCHAL, RYAN L. DARSHAN, JHONY PIERRE, et al.

------------------------------------x ERIC KOMITEE, United States District Judge: Plaintiff Valdissa Robinson filed three actions in the United States District Court for the Southern District of New York, on behalf of herself and her minor child, V.P.1 That court transferred the cases here. Plaintiff subsequently filed a fourth complaint in the Southern District; that too was transferred here. These matters, which are defined in the margin as Robinson I through Robinson IV, arise from child neglect and removal proceedings involving Robinson and her daughter in Kings County Family Court.2

1 Robinson cannot represent her child in this lawsuit. Generally, a non-attorney parent cannot appear on behalf of his or her child. See Tindall v. Poultney High Sch. Dist., 414 F.3d 281, 284 (2d Cir. 2005) (“[A] well- established general rule in this Circuit [is] that a parent not admitted to the bar cannot bring an action pro se in federal court on behalf of his or her child.”); see also Iannaccone v. Law, 142 F.3d 553, 558 (2d Cir. 1998) (“[B]ecause pro se means to appear for one’s self, a person may not appear on another person’s behalf.”). Accordingly, V.P. is dismissed as a plaintiff in each case without prejudice. 2 Robinson v. Administrative Children Services, No. 23-CV-2058 (“Robinson I”); Robinson v. Kings County Family Court, No. 23-CV-2059 It is unclear what claims Robinson is bringing; as described below, she does not reference any specific constitutional or statutory provisions. But she names as

defendants various individuals and entities involved in the family court proceeding, including: the Administration for Children’s Services (“ACS”) and various of its employees; a public defender organization, her court-assigned appellate counsel, and several other attorneys; and the state court judge presiding over the proceeding. And she seeks specific relief, including this Court’s oversight and investigation of ACS, a review of the family court’s decisions, and assistance with her housing needs. Based on this — and her pro se status — the Court understands Robinson to be asserting that the state court custody proceedings violated her due process rights. The Court consolidates these actions and grants Robinson’s requests to proceed in forma pauperis pursuant to 28

U.S.C. § 1915 solely for purposes of this Order. For the reasons discussed below, however, the complaints are dismissed. Robinson is granted leave to file a single, consolidated and amended complaint within thirty days of the date of this Order. Background

(“Robinson II”); Robinson v. New York State Court Appellant Division, No. 23- CV-2060 (“Robinson III”); Robinson v. Kings County Family Court, No. 23-CV- 4276 (“Robinson IV”). Robinson generally seeks federal relief for events that occurred in child neglect and custody proceedings before the Kings County Family Court. In each federal case, she filed

a form complaint for civil action. She included voluminous attachments, which run more than 700 pages total. The attachments include copies of court filings related to the neglect proceeding, as well as filings in a Kings County proceeding related to Robinson’s involuntary mental health treatment and then court-ordered release. The allegations in each complaint are discussed below, in Section III(B). The multitude of state court filings and other documents attached to the complaints provide additional context for Robinson’s allegations. Of note, on February 8, 2021, the Kings County Family Court entered an order removing V.P. from Robinson’s custody and temporarily releasing her to her father’s custody. Robinson IV Compl. 37, ECF No. 1. That court also

issued various temporary orders of protection against Robinson on behalf of V.P., including on February 8, 2021; March 16, 2021; May 6, 2021; and September 17, 2021. Id. at 28–35. In an “Order of Fact-Finding and Disposition” dated March 4, 2022, the Family Court Judge, defendant Erik Pitchal, found that Robinson had neglected V.P. and ordered, among other things, that V.P. be released to her father, with four months of ACS supervision. Judge Pitchal also placed Robinson under twelve months of ACS supervision, with directions to “[e]ngage in mental health services” and “[o]btain and maintain stable housing and income to support the child.” Robinson I Compl. 21—

24, 29—30, ECF No. 2. On February 27, 2023, V.P.’s father filed a petition for custody of V.P. Robinson IV Compl. 10–14. Legal Standard Under 28 U.S.C. § 1915(e)(2)(B), a district court must dismiss an in forma pauperis action that “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” At the pleading stage, “all well- pleaded, nonconclusory factual allegations” in the complaint are assumed to be true. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 124 (2d Cir. 2010).3 Pro se complaints are held to less stringent standards than pleadings drafted by attorneys, and the Court will read a pro se complaint liberally and interpret it as raising the strongest arguments it suggests.

Erickson v. Pardus, 551 U.S. 89, 94 (2007). Still, a pro se plaintiff is not exempt from “compliance with relevant rules of procedural and substantive law.” Traguth v. Zuck, 710 F.2d 90, 95 (2d Cir. 1983). Thus, the complaint must plead sufficient facts to “state a claim to

3 Unless otherwise noted, when quoting judicial decisions this order accepts all alterations and omits all citations, footnotes, and internal quotation marks. relief that is plausible on its face.” Williams v. Bronx Cnty. Child Support Customer Serv. Unit, 741 F. App’x 854, 855 (2d Cir. 2018). A claim is plausible “when the plaintiff pleads

factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Matson v. Bd. of Educ., 631 F.3d 57, 63 (2d Cir. 2011). Although factual allegations in the complaint are assumed to be true, this tenet is “inapplicable to legal conclusions.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Moreover, a court must dismiss a case if it lacks subject-matter jurisdiction, regardless of the merits of the underlying action. See Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006).

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Robinson v. Kings County Family Court, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-kings-county-family-court-nyed-2025.