Springs v. Clement

202 F.R.D. 387, 2001 U.S. Dist. LEXIS 15368, 2001 WL 1141347
CourtDistrict Court, E.D. New York
DecidedSeptember 25, 2001
DocketNo. CV 00-2909(ADS)(ARL)
StatusPublished
Cited by6 cases

This text of 202 F.R.D. 387 (Springs v. Clement) 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
Springs v. Clement, 202 F.R.D. 387, 2001 U.S. Dist. LEXIS 15368, 2001 WL 1141347 (E.D.N.Y. 2001).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Dana R. Springs (“Springs” or the “plaintiff’) commenced this action on his own behalf and on behalf of his minor son, Dean R. Springs (“Dean”) by filing a complaint on May 22, 2000. In a form used by prisoners to file a complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”) Springs contends that Craig Casey, caseworker (“Casey”); Janes and Johns Does, employees; the Nassau County Department of Social Services (“Social Services”); and Judge John B. Pes-sala, J.F.C., Nassau County Family Court (“Pessala”), violated his civil rights as well as the civil rights of his son by: (1) intercepting letters he wrote to his son from prison; (2) [390]*390removing his son from “relative foster care” without giving him prior notice; (3) failing to respond to his letters; (4) denying his visitation petition without giving him notice of the proceedings that led to the denial; and (5) failing to consider his second visitation petition.

Presently before the Court are the following three motions: (1) a motion by Pessala to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”); (2) a motion by Peter Clement (“Clement”), Acting Commissioner, Casey, and Social Services (“Nassau County defendants”) to vacate their default; and (3) a motion by Springs for summary judgment and sanctions.

I. BACKGROUND

A. The Complaint

The following facts are taken from the complaint. As of 1998, Springs’ former wife, Laura Garcia Springs (“Garcia Springs”) had sole custody of their child, Dean Springs. Early that year, Social Services charged her with neglect and Dean was removed from her custody and placed in “relative foster care,” a phrase that Springs claims means that his son was placed in the home of a maternal aunt, Gayle Caferella (“Caferella”).

When Springs learned of this placement, he filed a visitation petition in Nassau County Family Court in or about March 1998. The petition was served on Caferella and Social Services. According to Springs, Caf-erella did not want to appear in court and did not want to have any contact with him. Springs states that Caferella indicated that she would hand Dean over to Social Services if Springs forced her to abide by a visitation schedule.

Springs explains that in light of Caferella’s feelings, Louis Garcia (“Garcia”), Dean’s maternal grandfather, approached Springs with the following proposal: if Springs were to withdraw his visitation petition, Caferella would allow Garcia to have custody of Dean on most weekends, and Springs could visit his son at Garcia’s home. Springs agreed to this proposal and withdrew the visitation petition. Springs states that Family Court and Social Services were aware of the visitation arrangement and the reason he withdrew the petition. However, Springs alleges, Pessala subsequently dismissed the petition with inaccurate language.

Throughout the spring of 1998, Springs visited his son at Garcia’s home almost every weekend. In the summer of that year, Springs and his son spent time together during the week as well. Springs explains that, among other things, they went to the movies, played at an indoor playground, and went bike riding and fishing together. According to Springs, Social Services was satisfied with the progress of the relationship between Springs and Dean.

When school resumed in the fall of 1998, Dean returned to the Caferella home during the week and stayed with Garcia on the weekends. Springs states that Garcia’s schedule made it impossible for Dean to stay with Garcia on every weekend. Therefore, Springs and Dean did not see each other every weekend. On the weekends that they did not see each other, Springs states that he and Dean spoke on the telephone.

On December 15,1998, Springs was arrested for what he describes as a “nonviolent crime.” He was convicted and sentenced to a term of imprisonment of from two to four years. He has remained in custody since his arrest in December 1998.

From January through June 1999, Springs spoke to his son via the telephone twice a month. In the first week of July 1999, Springs received an “inter-facility letter” from Garcia Springs who had recently become a detainee in the women’s section of the Nassau County Correctional Center. Springs alleges that Garcia Springs informed him that Dean was no longer living with Caferella, was now in the custody of Social Services, and was living in a boys’ home called “St. Mary’s.” Springs states that he does not know whether Dean’s placement in St. Mary’s was voluntary or involuntary.

Springs claims that Social Services and Family Court violated his rights, as well as the rights of his son, by placing Dean in a group home without giving Springs notice of the proceedings that led to that placement. According to Springs, the law requires Social Services to demonstrate to Family Court [391]*391that they made every effort to locate the parents of the child whom they are seeking to place in a group home.

In July 1999, Springs filed a visitation petition against Social Services, which was rejected by the Family Court on September 2, 1999. Springs contends that Social Services and Family Court violated his rights by failing to provide him with notice of the proceedings that occurred in regard to his petition. Upon receiving his rejection letter, Springs resubmitted his “form petition” on September 5, 1999. Family Court allegedly has failed to decide this second petition, and Springs claims that this alleged failure is another violation of his rights.

In the meantime, Springs was writing letters to Dean at St. Mary’s. However, he never received a response from his son. In late September 1999, defendant Casey visited Springs in jail. Casey asked Springs to stop writing letters directly to Dean and to write them to Casey instead. Springs claims that the directive from Casey and Casey’s interception of his letters to Dean violated his right to communicate freely with his son. Springs also alleges that Casey intercepted Springs’ earlier letters to Dean.

In October 1999, Springs wrote Casey requesting information that he does not specify in the complaint. After waiting for three weeks without a response from Casey, Springs wrote Casey another letter. He waited another three weeks but did not receive a reply from Casey. Springs wrote a third letter, which he also mailed to Casey. When he did not receive a reply to his third letter, Springs wrote a letter of complaint to defendant Clement, who is the Commissioner of Social Services. Clement responded in a letter stating that Dean was the person who decided to reject his father’s letters. Clement assured Springs that the people helping Dean were continuing to discuss this decision with him.

In February 2000, Family Court assigned James Flood, Esq. (“Flood”), as legal guardian for Dean. Springs wrote Flood a letter expressing the same concerns he had expressed to Casey. Flood responded in writing, stating that he would speak to Dean’s therapist about Dean’s reluctance to read Springs’ letters.

At an unspecified point in time, Springs’ mother filed a visitation petition. She had several court appearances in connection with this petition.

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Cite This Page — Counsel Stack

Bluebook (online)
202 F.R.D. 387, 2001 U.S. Dist. LEXIS 15368, 2001 WL 1141347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springs-v-clement-nyed-2001.