Shean ex rel. Shean v. White

620 F. Supp. 1329, 1985 U.S. Dist. LEXIS 14554
CourtDistrict Court, N.D. Texas
DecidedOctober 25, 1985
DocketNo. CA-3-85-1375-F
StatusPublished
Cited by1 cases

This text of 620 F. Supp. 1329 (Shean ex rel. Shean v. White) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shean ex rel. Shean v. White, 620 F. Supp. 1329, 1985 U.S. Dist. LEXIS 14554 (N.D. Tex. 1985).

Opinion

MEMORANDUM ORDER

ROBERT W. PORTER, District Judge.

Pending before the Court is Defendants’ motion to dismiss, which asserts the following bases for dismissal of Plaintiffs’ complaint: lack of subject matter jurisdiction, applicability of various defenses of immunity, failure to state a claim upon which relief may be granted, lack of appellate jurisdiction over state court decisions and application of the doctrine of abstention. Plaintiffs’ complaint alleges “gross violations” of constitutional rights in the context of state intervention in Plaintiffs’ home, and subsequent placing of the Plaintiff children in custody of foster parents. Plaintiffs make numerous allegations of wrongful conduct on the part of the Defendants, some of which rise to the level of justiciable controversy under this Court’s federal question jurisdiction and some of which do not. Because the Court is of the opinion that the prudent course in this case is to exercise its discretion in favor of abstention, distinction between those claims which are valid and those which are not is unnecessary.

I. Judicial Immunity

As a preliminary matter, Defendants’ argument as to absolute judicial immunity is well-taken. The doctrine of judicial immunity extends to all acts performed by judges in their judicial capacity and is a valid defense to a civil rights action under 42 U.S.C. § 1983. Briscoe v. LaHue, 663 F.2d 713 (4th Cir.), aff'd 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1981). Judicial immunity is a valid shield from liability even when the judge is accused of malicious and corrupt exercise of his or her judicial powers. Turner v. American Bar Association, 407 F.Supp. 451, aff'd 542 F.2d 56 (8th Cir.1975). Because Plaintiffs’ allegations as to the judicial defendants do not allege any wrongdoing which is beyond their authority as judicial officers, and the acts complained of are judicial acts, Plaintiffs’ charges against Defendants Penford and MeCraw are hereby dismissed.

II. Abstention

Defendants point out in support of their contention that the Court should abstain from exercising jurisdiction in this case that issues of domestic relations have traditionally been within the province of state courts. The truth of this premise is borne out by the well-established exception to the federal Courts’ diversity jurisdiction. As noted by the Fifth Circuit, the reasons for this exception are obvious: “the strong state interest in domestic relations manners, the competence of state courts in settling family disputes, the possibility of incompatible federal and state court decrees in cases of continuing judicial supervision by the state, and the problem of congested dockets in federal court.” Crouch v. Crouch, 566 F.2d 486, 487 (5th Cir.1978); Jagiella v. Jagiella, 647 F.2d 561, 564 (5th Cir.1981). See also Ex Parte Burrus, 136 U.S. 586, 593-94, 10 S.Ct. 850, 852-53, 34 L.Ed. 1500 (1890). The fact that family law matters are implicated by Plaintiffs’ civil rights claim does not necessarily compel the conclusion that this Court should refrain from exercising jurisdiction in this case. Defendants have not cited nor [1331]*1331has the Court’s research disclosed any case which addresses the specific situation presented by the instant case. However, when a suit is in substance a domestic relations suit, brought in the guise of a civil rights or federal question action, federal courts will decline to exercise jurisdiction. Firestone v. Cleveland Trust Co., 654 F.2d 1212, 1215 (6th Cir.1981) (citing Denman v. Leedy, 479 F.2d 1097,1098 (6th Cir.1973)). “Because state courts historically have decided these matters, they have developed a proficiency and expertise in these cases and a strong interest in disposing of them.” Firestone, 654 F.2d at 1215 (citing Solomon v. Solomon, 516 F.2d 1018, 1025 (3rd Cir.1975); Cherry v. Cherry, 438 F.Supp. 88, 90 (D.Md.1977)). Thus, in Sutter v. Pitts, the court held that a former wife’s civil rights claims against her former husband and his new wife for violation of state court visitation and custody orders were in substance a challenge to the state court’s award of custody, and abstention was required. 639 F.2d 842, 843 (1st Cir.1981). Also implicated in this type of abstention are considerations of comity and policy. Fern v. Turman, 736 F.2d 1367, 1370 (9th Cir.1984).

In addition to the domestic relations exception to the federal diversity jurisdiction, abstention is appropriate in three other situations, see Heritage Farms, Inc. v. Solebury Township, 671 F.2d 743, 746, cert. denied 456 U.S. 990, 102 S.Ct. 2270, 73 L.Ed.2d 1285 (1982). This type of abstention derives from Burford v. Sun Oil Company, 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943). Burford abstention is “appropriate in situations where a difficult question of state law is presented which involves important state policies or administrative concerns” in order to avoid disrupting state efforts to “establish a coherent policy with respect to a matter of public concern.” Heritage Farms, 671 F.2d at 746 (citing Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976)). See also Thomas v. Barry, 729 F.2d 1469, 1471 (D.C.Cir.1984) (“Federal courts may abstain from exercising jurisdiction where important issues of state and local policy are at stake.”)

Also, if there are parallel state proceedings pending, additional factors may militate in favor of abstention. The Fifth Circuit has cautioned, however, that the “ ‘unflagging obligation’ of the federal courts to exercise the jurisdiction given them is particularly weighty when those seeking a hearing in federal court are asserting ... their right to relief under 42 U.S.C. § 1983.” Signad, Inc. v. City of Sugar Land, 753 F.2d 1338 (5th Cir.1985) (citing Tovar v. Billmeyer,

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SHEAN BY AND THROUGH SHEAN v. White
620 F. Supp. 1329 (N.D. Texas, 1985)

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Bluebook (online)
620 F. Supp. 1329, 1985 U.S. Dist. LEXIS 14554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shean-ex-rel-shean-v-white-txnd-1985.